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Reasons
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(영문) 서울중앙지방법원 2015.03.13 2014나42539
추심금
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On May 28, 2013, the Plaintiff filed with the Seoul Central District Court a payment order with D (hereinafter “Nonindicted Company”) to seek the return of KRW 330 million loan to the Plaintiff, and received a payment order with the purport that “Nonindicted Company shall pay the Plaintiff KRW 330 million and its delay damages (hereinafter “instant payment order”); and the instant payment order was finalized on June 19, 2013.

B. At the time when the payment order of this case became final and conclusive, the non-party company filed a lawsuit against the defendant et al. against the Seoul Central District Court, (1) 2006Na52510, and the case was remanded to the appellate court (Seoul High Court 2008Da44979, 10) and the appellate court (Seoul High Court 2008Da44979, 20756, and the appellate court (Seoul High Court 2008Na97456) that "the defendant would pay the non-party company KRW 91,092,431, and the delay damages thereof" was pending in the appellate court (Supreme Court 2009Da38155). (2) The non-party company filed a lawsuit claiming the share (209Gahap8728) and received a decision from the first instance court to the non-party company on November 20, 2011 (Seoul High Court 91, 2092, 4315).

C. On August 5, 2013, with the title of execution of the instant payment order, the Plaintiff received a collection order (Seoul Central District Court 2013TTT22478) against the Defendant for KRW 15 million and KRW 30 million out of the amount of the amount of the loan repayment claims stated in paragraph (1) Na-B (2) against the Defendant. The Plaintiff received a collection order (Seoul Central District Court 2013TT2478) as to the above amount of KRW 15 million among the amount of the loan repayment claims stated in paragraph (1) Na-B (2) against the Defendant, and the above seizure and collection order was served on the Defendant on August 8, 20

(hereinafter "the collection order of this case"). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 2 through 4, and the purport of whole pleadings.

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