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(영문) 서울중앙지방법원 2015.09.08 2014가단5120860
추심금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs C Co., Ltd. (hereinafter “C”)’s claim 1) C is the Plaintiff’s shop D (hereinafter “instant commercial building”) in Bupyeong-si, Seocheon-gu, Seocheon-gu.

(2) From February 4, 2005, Plaintiff A leased KRW 240 million, and Plaintiff B leased KRW 190,300,000,000, KRW 360,000,00 from the instant commercial buildings, and KRW 190,30,000,00 from the instant commercial buildings.

3) On May 23, 2013, Plaintiff A filed a lawsuit against Plaintiff A for the claim for the return of deposit under the Incheon District Court Branch Branch Office 2013Gahap4226. On November 7, 2013, the said court rendered a judgment that “C shall pay to Plaintiff A 243,30,722 annual interest rate of 5% from September 11, 2013 to November 7, 2013, and 20% annual interest rate of 20% from the next day to the day of full payment,” and the said judgment became final and conclusive around May 23, 2013, Plaintiff B filed a lawsuit for the claim for the return of deposit under the Incheon District Court Branch Branch Branch Office 2013Gahap4233, and the said court rendered a lawsuit for the return of deposit amount of KRW 243,300,722, and the said judgment became final and conclusive from 2013.12.213 to 2013.214.25.

B. On February 14, 2014, Plaintiff A, as the claim amounting to KRW 258,190,696, such as the deposit return claim based on the above final judgment against Plaintiff A, the Incheon District Court Decision 2014TTT2024, the claim amounting to KRW 258,190,696, as indicated in the separate sheet against Defendant C (hereinafter “the beneficiary claim of this case”).

(2) On February 18, 2014, upon filing an application for a seizure and collection order with respect to the claim, Plaintiff B received the seizure and collection order with the purport that “it seizes KRW 4258,190,696 among the claims”. The above seizure and collection order was served on the Defendant on February 20, 2014. (2) On February 14, 2014, Plaintiff B was served with the Incheon District Court 2014TT No. 20255.

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