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Reasons
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(영문) 대전지방법원 2015.06.24 2014가단41459
추심금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against Hyundai T&L Co., Ltd. (hereinafter “Nan T&L”) seeking the payment of loans with the Daejeon District Court 2014Kadan205871, which was sentenced to the judgment ordering the payment of KRW 43,158,353 and the delay damages therefor.

B. Hyundai T&L filed an application for provisional attachment against the Defendant for the amount of KRW 38,219,09,090 as claim amount with Suwon District Court Anyang Branch 2014Kadan513, and the Defendant’s Defendant 3, for provisional attachment against the “the amount of money until it reaches the claim out of the transport amount to be paid by AlSK under the transport contract between the Defendant and the Defendant” on February 25, 2014.

C. On September 25, 2014, the Plaintiff filed a claim attachment and collection order (hereinafter “instant attachment and collection order”) with the Daejeon District Court No. 2014TW, KRW 49,710,618, the debtor Hyundai T&L, and the third debtor, against the Defendant, regarding “the amount until the above claim amount, out of the amount to be paid as a provisional attachment decision No. 2014Kadan513, which was held against the Defendant by the Suwon L&W,” and issued a claim attachment and collection order against the Defendant on September 26, 2014. The instant attachment and collection order were served on the Defendant on September 26, 2014.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 6, the purport of the whole pleadings and arguments

2. The parties' assertion and judgment

A. 1) The Defendant is obligated to pay the Plaintiff, who was subject to the instant seizure and collection order as to the foregoing claim, which was provisionally seized by Hyundai T&L regarding the Plaintiff AlS case. 2) The Defendant deposited the entire amount of the Plaintiff’s obligation related to the instant seizure and collection order, and thus, deposited the Defendant’s obligation.

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