(영문) 울산지방법원 2015.07.03 2014가단24845

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2015.07.03 2014가단24845

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. On January 26, 2007, the Defendant completed the registration of establishment of a collateral security C, the debtor, the maximum debt amount, 150,000 won (hereinafter the above collateral security is referred to as the “instant collateral security”) with respect to each real estate listed in the separate sheet as indicated in the separate sheet as of the Ulsan District Court’s registration and its receipt, as of January 26, 2007.

B. The Plaintiff filed a lawsuit against the said C with the Ulsan District Court 2010Kadan33452, which sought a loan, and the decision of recommending reconciliation was served on October 15, 2010 by the said court, and became final and conclusive as it is.

C. On March 10, 2014, based on the original copy of the recommendation for compromise, the Plaintiff was issued a ruling of seizure and collection order (hereinafter “instant order of seizure and collection”) with respect to the instant collateral security claims, which were created by the Defendant as the garnishee, as indicated in Articles 2 and 3 as indicated in the separate sheet, with the Defendant as the garnishee. The said ruling was served on the Defendant on March 13, 2014, and accordingly, on March 19, 2014, the registration of seizure of the instant collateral security claims was established.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant bears a debt worth of KRW 150,000 against C, and thus, the right to collateral security of this case was established. Thus, the defendant's assertion that the defendant should pay KRW 76,350,619 to the plaintiff to whom the claim of collateral security of this case was collected.

In this regard, the defendant asserts that the plaintiff's claim based on the premise that the secured claim exists is unfair, since the secured claim of this case does not exist.

B. (1) Determination is to determine only the maximum amount of the debt to be secured and to withhold the determination of the debt in the future.

유사 판례

-인천지방법원 2015.10.15 2015나6760

-서울남부지방법원 2021.04.08 2019가합115137

-대전지방법원 2020.04.09 2019가합101506

-대전지방법원서산지원 2019.10.15 2019가단50941

-광주지방법원 2019.12.11 2019가단509842