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(영문) 부산지방법원 2015.02.26 2014가단87485
공탁청구
Text

1. The defendant's order of seizure and collection, which transferred the provisional seizure No. 2013TT 21123 to the original seizure, of Busan District Court.

Reasons

Basic Facts

On April 18, 2013, the Plaintiff, based on the executory exemplification of the judgment demanding construction cost claim No. 2013Da3428 of this Court against B, issued a provisional seizure and a collection order to transfer the claim for the construction cost of pollution prevention facilities to B (hereinafter “construction cost of this case”) in Busan Gangseo-dong, Busan, for the claim for construction cost of the pollution prevention facilities against B Co., Ltd. (hereinafter “C”) in Gangseo-gu, Busan. The said collection order was served to C as the garnishee on April 24, 2013.

On April 29, 2013, the Defendant was issued a provisional attachment order of KRW 48,403,90 among the claim for the construction payment of the instant case with the claim amounting to KRW 67,603,906 by this Court 2013Kadan3806, and the said provisional attachment ruling was served to C, a garnishee on May 2, 2013.

On August 19, 2013, the Defendant transferred the claim amount to 71,419,353 won (the principal 67,603,90 won and damages calculated by the rate of 20% per annum from May 3, 2013 to August 13, 2013) based on an executory payment order for the claim for purchase price claim No. 2013,6784, which was issued by this court against B, to the provisional seizure order of claim No. 2013,60 won, and the remainder of 3,815,453 won were seized, and the Defendant received the seizure and collection order of the claim (hereinafter “instant seizure and collection order”) from the court to the provisional seizure order of claim No. 2013,3806, which was issued by the Busan District Court to the provisional seizure order of claim No. 2013, Mar. 23, 2013.

The defendant filed a lawsuit against C to collect KRW 52,219,353 out of the claim for construction price against C (this Court Decision 2013Ma95397). The above lawsuit becomes final and conclusive that "C pays KRW 22 million to the defendant up to June 30, 2014, and waives the remainder of the defendant's remaining claims." Accordingly, the defendant collected KRW 22 million from C on July 1, 2014, and thereafter, the same month.

3. A collection report was made to this court.

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