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(영문) 광주지방법원 2018.09.14 2017가단28158
추심금
Text

1. The Defendant’s KRW 795,589 as well as to the Plaintiff’s KRW 5% per annum from November 29, 2012 to November 16, 2017.

Reasons

1. Issuance of a decision to issue a collection order, such as seizure and collection order of basic facts;

A. On October 9, 2012, the Plaintiff filed an application for the seizure and collection order with respect to C Co., Ltd. (limited to the former D Co., Ltd.; hereinafter the same shall apply) based on the executory exemplification of the judgment with respect to the service cost case, Gwangju District Court 201Kahap7132. On October 9, 2012, the Plaintiff received a decision to seize and collect the claims for KRW 393,368,416 among the claims against the Defendant Bank of the non-party company’s deposit against the non-party company as Gwangju District Court 201

(hereinafter “instant claim seizure and collection order”). The instant claim seizure and collection order were served on the Defendant.

Obligations and Obligations of the Foreign Company and the Defendant Bank.

B. At the time when the decision on the seizure and collection order was served, the non-party company held the claim of KRW 47,147,709 in total, including ① company free savings (the balance 2,147,709 won, account number E), ② F installment savings (the balance 45,00,000 won, account number G, hereinafter “the instant installment savings”) with respect to the Defendant bank. The non-party company bears the obligation of KRW 30,00,000 in relation to the accrued installment savings (hereinafter “the instant loan”).

C. On the other hand, on September 13, 2012, the Defendant bank paid the instant loans to Nonparty Company on the condition that installment savings loan was secured by 100%, and a pledge was established on the instant installment savings claim.

Enforcement of pledge rights by the company outside Korea.

D. The Defendant bank, upon receipt of a collection order and the seizure of the instant claim, exercised a pledge on the instant installment savings claim by Nonparty Company, and transferred KRW 30,067,808,000,000 to the Plaintiff’s account at the Plaintiff’s request for collection, after deducting the principal and interest of the instant case from KRW 45,206,602.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3-1, 2, Eul evidence 2, Eul evidence 3, the purport of whole pleadings

2. The plaintiff's assertion.

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