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Reasons
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(영문) 인천지방법원 2017.05.10 2016가단219197
추심금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On April 6, 2010, in order to preserve the claim for reimbursement claim against the debtor's depreciation Korea Co., Ltd., Busan District Court 2009Da12609Gadan12609, Busan High Court 201Na160 decided on April 9, 2010, upon receipt of the provisional seizure order of claim by Busan District Court 201Kadan4287, the Plaintiff reached the Defendant on April 15, 2016. On March 15, 2016, based on the original copy of the Busan District Court 2016Ma4786, Busan District Court 200Da12609 decided on March 15, 201, the provisional seizure of the amount of KRW 100,000,00 was transferred to the original seizure, and the remainder of 480,510,938 won was issued and the collection order was issued.

However, there is no evidence to acknowledge that the Defendant repaid the obligation under the above protocol to the debtor's depreciation Korea Co., Ltd. prior to April 9, 2010, which is the date of arrival of the above provisional seizure order of claims. Thus, the Defendant is liable to pay the Plaintiff the amount of KRW 50,000,000 out of the collected amount of KRW 580,510,938 and the delay damages.

B. On February 17, 2010, the Defendant issued a compulsory decision to commence compulsory sale of the Defendant’s real estate to the Incheon District Court B, and on March 2010, prior to the arrival of the Plaintiff’s decision to provisional seizure of claims, the Defendant repaid the obligation under the above conciliation protocol to a foreign credit information company, which was delegated with debt collection by the Hart Korea Co., Ltd., and on April 28, 2010, paid additional interest of KRW 10,000,000 to a foreign credit information company, and repaid all obligations under the above conciliation protocol.

On July 6, 2010, Lart Korea Co., Ltd. has withdrawn the application for compulsory auction on the Defendant’s real property. Thus, the Defendant’s obligation to Lart Korea Co., Ltd. was all extinguished prior to the provisional attachment of the Plaintiff’s claim.

2. Facts of recognition;

A. On April 22, 2009, Busan High Court Decision 2007Na13145 decided May 22, 2009

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