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(영문) 창원지방법원 2018.01.25 2016가단109669
추심금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. On April 1, 2011, the Plaintiff filed a lawsuit against the Changwon District Court No. 201Gahap3459 on April 25, 201, and sentenced on April 25, 2012 to the effect that “E and F shall pay to each Plaintiff 200,000,000 won, and 20% interest per annum from April 7, 2011 to the date of full payment.”

Accordingly, the conciliation was concluded on December 10, 2012, that “Defendants (E and F) shall jointly and severally pay KRW 175,000,000 to the Plaintiff” in the appellate proceeding in which E and F appealed appealed.

[Supplementary High Court of Busan High Court (original Court) No. 2012Na2289, hereinafter referred to as the "Mediation of this case").

1) The Plaintiff: (a) based on the original copy of the instant conciliation protocol, determined E as the obligor, Defendant B, the third obligor, and the claim amount of KRW 179,369,677 (the amount until the above amount reaches the above amount, out of the money borrowed by the obligor E to the third obligor B) based on the original copy of the instant conciliation protocol; (b) applied for a seizure and collection order; and (c) made a decision of acceptance on March 25, 2013; and (d) the said collection order was served on March 28, 2013 and finalized (the Busan District Court 2013TTT699, hereinafter referred to as “one collection order”).

(2) Based on the original copy of the instant conciliation protocol, the Plaintiff: (a) determined E as the obligor, D, G, and Defendant C, the third obligor, the claimed amount of KRW 232,278,734 (the third obligor C, the amount until the amount was appropriated for each of the above claims out of the money borrowed and repaid to the third obligor; and (b) decided on January 7, 2015 by applying for the attachment and collection order; (c) based on the original copy of the instant conciliation protocol, the Plaintiff issued a decision of acceptance on January 12, 2015. The said collection order was served on the Defendant C on January 12, 2015.

(Seoul Central District Court 2014TTT No. 2014TT 36315, hereinafter "the second collection order"). 3 The plaintiff, based on the original copy of the instant conciliation protocol, is the third debtor, the third debtor, the claimed amount of KRW 229,689,278, and the claim to be attached, the third floor of the 301 to 304 commercial buildings owned by the debtor Kimhae-si H.

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