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(영문) 제주지방법원 2016.07.15 2015가단13576
추심금
Text

1. The amount of KRW 24,297,375 and the amount of KRW 24,297,375 shall be repaid to the Plaintiff from September 22, 2015.

Reasons

Based on the facts, the plaintiff was awarded a favorable judgment against A by filing a claim for the amount of transfer income (No. 2006da1188888) with the Gwangju District Court, and the above judgment was finalized on August 2, 2007.

Based on the executory exemplification of the above judgment, the Plaintiff filed a request with the Jeju District Court 2015TTT3182 to KRW 48,594,750 (each of the 24,297,375 won against the Defendant) for a claim attachment and collection order against the Defendants of A (including various allowances and bonuses) and the claim for retirement allowance payment.

On June 10, 2015, the above court rendered a decision to seize and collect the claim, and the above decision was served on June 15, 2015 to the Defendants.

[Ground of recognition] The plaintiff asserted that the plaintiff did not dispute, Gap evidence 1, Eul evidence 2, Eul evidence 1, Eul evidence 2, Eul evidence 2, Eul evidence 3-1, Eul evidence 3-2, Eul's whole purport of pleading, and the plaintiff's claim for central transportation of the defendant corporation, defendant corporation, based on the executory exemplification of judgment against Gap, Gap's central transportation company (hereinafter "the defendant central transportation"), was issued a seizure and collection order.

Therefore, the defendant is obligated to pay the collection money stipulated in the above seizure and collection order to the plaintiff as the collection creditor.

The judgment on the cause of the claim that the plaintiff received A's claim against Defendant Central Transport based on an executory exemplification of the judgment with A, and the fact that the above claim attachment and collection order were delivered to Defendant Central Transport is recognized as above.

Therefore, barring special circumstances, Defendant Central Transport is obligated to pay KRW 24,297,375, which is the claim amount stipulated in the collection order, to the Plaintiff, the collection obligee.

On June 9, 2015, the summary of the defense of the judgment regarding Defendant Central Transport defense was retired on June 9, 2015, before the delivery of the seizure and collection order of this case.

At the time, A was a worker whose monthly salary is less than 1,200,000 won, and he was paid to the Pyeongtaek in 2015.

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