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(영문) 대전지방법원 논산지원 2021.02.18 2020가단2178
추심금
Text

1. The defendant's KRW 29,466,660 to the plaintiffs and 5% per annum from October 20, 2020 to February 18, 2021.

Reasons

1. Basic facts

A. The Plaintiff filed an application for the seizure and collection order with the Daejeon District Court Support 2020, 2020, 725, 2020, with respect to “the amount claimed as KRW 87,292,910 based on the executory payment order for the instant case, including the loan No. 2019, 62, against Nonparty D’s loan, etc., with respect to “the amount claimed as KRW 87,292,910, among the claim for expropriation (business compensation) due to the construction of G urban planning road for the F dan in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the Defendant as the debt holder was the third party.”

B. On June 24, 2020, the above court rendered a ruling of seizure and collection of the above-mentioned claim against the defendant of the non-party D. The above ruling was served on the defendant on June 29, 2020 and became final and conclusive on August 4, 2020.

(c)

The other creditors of the non-party D filed an application for the seizure and collection order of each of the claims of this case with the amount of KRW 4 million, KRW 8 million, and KRW 30,300,000,000 for each of the claims of this case with the support of the Daejeon District Court 2020, 917, 2020, and 958, 2020, and 1179, and the other creditors filed an application for the seizure and collection order of each of the claims of this case with the support of the Daejeon District Court 2020,000,000 won, and the provisional seizure order was made on August 10, 2020.

(d)

The sum of the compensation to be paid by the Defendant to Nonparty D is KRW 29,466,660.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 6, 7, and 8, the purport of the whole pleadings

2. In the event that the aggregate amount of claims by the creditors for collection exceeds the balance of claims subject to seizure by the third party, the third party is required to take into account the principle of equality of creditors and the status of the creditors for collection, the uniform resolution of disputes, the convenience of enforcement, etc., and by analogical application of Article 248(3) of the Civil Execution Act.

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