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(영문) 서울남부지방법원 2013.11.22 2013가합10841
추심금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs are borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 26, 2009, the Defendant entered into a sales agreement with C on the purchase and sale price of the Defendant, the purchaser of the Defendant, and the purchaser of the Defendant, with KRW 3,540,00,000 (the contract price of KRW 350,000,000, the intermediate payment of KRW 500,000,000, the remainder of KRW 2,690,000,000) (hereinafter “the contract of this case”).

B. C paid 850,000,000 won (the intermediate payment of KRW 500,000,000) to the Defendant on the same day as the contract deposit and intermediate payment under the instant sales contract.

C. On November 17, 2010, the Plaintiff received a decision of provisional attachment of the claim against C as the obligor and the third obligor as the Defendant, as the High Government District Court Decision 2010Kadan50924, which was issued by the Plaintiff.

The decision of provisional attachment of the claim was that “If the transaction contract entered into between C and the Defendant with respect to Goyang-gu, Soyang-gu, H, E, F, and G is terminated, C shall provisionally attach an amount equivalent to KRW 483,00,000 out of the sales price, which shall be refunded by the Defendant.”

The provisional attachment order of the above claim was served on the defendant around that time.

On July 1, 2011, the Plaintiff was ordered to pay C as 2011 tea 2786, Jinyang Branch of the District Court.

The content of the payment order was that “C shall pay to the Plaintiff KRW 483,000,000,000 and damages for delay.”

The above payment order was finalized on July 22, 2011.

E. Based on the above payment order, on December 28, 2012, the Plaintiff received an order for seizure and collection of the claims to transfer the provisional seizure of the claims as seen earlier to the principal seizure of the claims under the [2012 TTT 16384] district court Goyang Branch 2012.

The content of the order of seizure and collection of the claim was that “If a trade contract entered into between C and the Defendant with respect to Goyang-gu, Soyang-gu, H, E, F, and G is terminated, C transferred KRW 483,00,000, which was provisionally seized by C, out of the sales price to be returned from the Defendant, seized KRW 140,797,808, and the Plaintiff may collect the seized claim.”

Attachment and collection of the above claims.

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