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(영문) 서울중앙지방법원 2018.01.09 2016가단84284
추심금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. According to the Busan District Court Decision 2015Gadan13227, the Plaintiff requested the Busan District Court's Dong Branch's 2016TTT 2016TT 3986 to order the seizure and collection of the claim amounting to KRW 83,383,35 of the Plaintiff's claim amount from the above court. On May 19, 2016, the Plaintiff received the seizure and collection order (hereinafter "the collection order of this case") against the Defendant of the garnishee as indicated in the attached Table 1 against the Defendant.

The collection order of this case was served on May 25, 2016 to the defendant, who is the garnishee.

B. B, while serving as an employee of the Defendant, was dismissed on May 17, 2016 on the ground of absence from office without permission.

C. Meanwhile, the Defendant deposited KRW 8,643,289 as Seoul Central District Court in accordance with Article 248(1) of the Civil Execution Act, on September 8, 2016, on the grounds that the provisional attachment, seizure, etc. were concurrent as follows.

The debtor in each of the following cases is B, and the third debtor is the defendant:

(1) Suwon District Court 2014 businessz. 50 child support obligee: C child support claim: From September 2013 to October 14, 2016, the payment period from the date following the delivery date of the order for direct payment of child support among the child support to be paid each additional amount of KRW 1,000,000 from October 14, 2016, and the above child support delivery date to be paid each additional amount of KRW 1,00,000 from September 29 to March 29, 2019: The delivery date of the above child support, etc. on March 11, 2014: B bond delivery date on March 11, 2014: Busan District Court 201, Busan District Court 2015Kadan 1345, the provisional seizure date on July 15, 2014: Plaintiff 1:3rd National Bank 2015, the provisional seizure date on August 10, 2015.

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