추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 10, 2016, the Plaintiff received a claim attachment and collection order (hereinafter “instant claim attachment and collection order”) from the Suwon District Court (Seoul High Court Decision 2005Na8141 rendered on November 10, 2016, with regard to deposit claims of KRW 30 million against the Defendant by a school juristic person based on the executory exemplification of the judgment on the case of construction cost (hereinafter “execution right judgment”), and the fact that the said order was served on the Defendant on the 15th of the same month is no dispute between the parties.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the collection amount of KRW 30 million and damages for delay, unless there are special circumstances.
2. The defendant's assertion argues that the defendant, on December 9, 2016, received a notice of suspension of compulsory execution with the content of suspending compulsory execution by the judgment of executive titles, and that the defendant deposited the execution with the deposit of KRW 30 million on the 13th day of the same month to be exempted from liability.
A collection lawsuit may be instituted only by the creditor who has acquired the collection right with the approval of the collection order against the seized claim (Article 249(1) of the Civil Execution Act). In a case where the seizure and collection order has been issued based on the executory exemplification of judgment, if the debtor submits the original copy of the decision of the suspension of execution to the executive agency, which results in the suspension of execution, and the collection of the creditor's claim by the execution creditor until the suspension of execution becomes null and void (Article 49 subparagraph 2 of the same Act). Meanwhile, in a case where the collection creditor who received the seizure and collection order with the judgment of the first instance court as the executory title files a lawsuit seeking a payment against the third debtor, and where there is a decision of the suspension of compulsory execution against the judgment of the first instance, which is the executory title, the execution procedure is suspended by the above decision, and