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(영문) 서울북부지방법원 2019.12.12 2019가합20195

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts were based on the executory exemplification of the judgment rendered in Seoul Northern District Court 2018Da7129, the Plaintiff received the order of seizure and collection of claims against the Defendant, the garnishee, on December 26, 2018, under which the obligor C acquires all rights and assets, such as the facilities, operation, maintenance, etc. of the foundation D and E company, and the acquisition funds to be paid by the obligor C to the Defendant for a third party obligor on December 20, 2018, based on the executory exemplification of the judgment rendered in the Seoul Northern District Court 2018Da7129, and the original copy of the said decision was served on the Defendant, the garnishee, the obligor of the third party on December 26, 2018.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3

2. As alleged and determined, the Defendant, who is the garnishee of the above claim attachment and collection order, concluded a sales contract accepting the above claim attachment and collection order with the obligor C, and concluded with him to pay C the estimated purchase price of KRW 2.5 billion, and thus, the Plaintiff, the collection obligee, is obligated to pay KRW 484,415,811 to the Plaintiff.

However, it is not sufficient to acknowledge the Plaintiff’s assertion that there is a payment obligation against the Defendant’s C solely with the descriptions of the evidence Nos. 4-1, 2, and 5-1, 5, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit without further review.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.