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(영문) 서울북부지방법원 2016.02.02 2015가단109475

추심금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 10, 2013, based on the authentic copy of a promissory note with an executory power of No. 1515, No. 1515, No. 2011, Plaintiff A received a seizure and collection order against Nonparty C, “The amount of money until it reaches the claim amount of KRW 250,000,000 out of the claim amount (excluding the amount of insurance money prescribed by Presidential Decree, which is the insurance money that guarantees the life and security of insurance pursuant to Article 246(1)7 of the Civil Execution Act and the Enforcement Decree of the same Act)” under this Court No. 2013T18239, Oct. 10, 2013. The above order was served on the Defendant on the 15th of the same month.

B. On February 23, 2015, based on the executory exemplification of the judgment with executory power in the loan case of this court No. 2014Ga13263 against the above C, Plaintiff B received the seizure and collection order (excluding the amount of insurance money guaranteed under Article 246 (1) 7 of the Civil Execution Act and the Enforcement Decree of the same Act, which is prescribed by Presidential Decree) from the Defendant on February 26, 2015, “The amount of each of the instant collection orders was served on the Defendant on February 26, 2015,” and the above order was served on the Defendant on February 26, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Summary of the parties’ assertion

A. Of the collection money of each of the collection orders of the plaintiffs, the plaintiff A and the plaintiff B seek payment of KRW 40 million, and KRW 30 million.

B. Attached list concluded between the Defendant and C, respectively.