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(영문) 서울중앙지방법원 2018.01.18 2017가합549778

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Seoul Central District Court 2016 Gohap34729 claiming the cost of advertising agency services against the said committee for promotion of the said committee (hereinafter referred to as “the committee for promotion of the said committee”).

On May 31, 2017, the above court rendered a ruling that “the committee for promotion of Nonparty 2 and the Sdidison Co., Ltd. (hereinafter “Sdidison”) jointly and severally pay to the Plaintiff 631,131,600 won and interest calculated at the rate of 5% per annum from September 13, 2016 to December 13, 2016, and 15% per annum from the next day to the date of full payment,” and the above ruling became final and conclusive around that time.

B. On July 11, 2017, the Plaintiff received a provisional seizure and a collection order (hereinafter “instant seizure and collection order”) from the Seoul Southern District Court 2017TTTTT 105977 to KRW 686,290,772, among the claims indicated in the “identification of claims to be seized and collected,” and the original copy of the instant seizure and collection order was served on the Defendant on July 14, 2017.

C. On the other hand, on June 3, 2015, the non-party promotion committee and the Eddison entered into a fund management agency contract with the Defendant, which newly constructs and sells the main complex building with 536 households in Yangcheon-gu Seoul Metropolitan Government (hereinafter “the instant project”) at KRW 405, with the purport of entrusting the Defendant with the management of funds, such as the shares of association members related to the establishment of the main complex complex construction project (hereinafter “the instant project”).

After that, on April 6, 2016, the non-party promotion committee, SDI, and the defendant entered into a contract for change of the fund management agency with the content of increasing the number of households of the main complex building to be newly constructed through the instant project among the above fund management agency contracts, to 724 households, and partially amending the guidelines for the execution of the association members contributions.

In this case, "the foregoing contracts of fund management agency and contracts of change of fund management agency will be combined."