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(영문) 서울고등법원 2015.09.24 2015나2006096
추심금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. On March 16, 2012, the Plaintiff indicated the indication of the claim to be provisionally attached as the Seoul Central District Court 2012Kadan786 on March 16, 2012 as “the amount until the time of the claim amount (Provided, That where the balance at the time of delivery of the decision of provisional attachment does not reach the above claim amount as the price of the provisional attachment, the amount of the new claim amount after delivery of the written decision)” and indicated as “the provisional attachment order of claims” (hereinafter “provisional attachment of this case”) the indication of the claim to be provisionally attached by the Seoul Central District Court 2012Kadan786 as “the amount of the claim to be paid by the Defendant to A as the price for the ship and the short-term loan to be refunded by A.

(2) On March 20, 2012, the provisional attachment decision was served on the Defendant, a garnishee, on March 20, 2012. (2) The Plaintiff filed a lawsuit against A with the Seoul Central District Court 2013Gahap537388, and rendered a judgment on October 25, 2013, stating that “A shall pay to the Plaintiff any damages for delay on the principal amount of KRW 3,368,746,472 and any of its principal amount. On November 15, 2013, the above judgment became final and conclusive on November 19, 2013, the Seoul Central District Court 2013TTTT35619, which transferred the provisional attachment to the principal attachment (hereinafter collectively referred to as “the provisional attachment, etc. of this case”). The above seizure and collection order was served on the Defendant on November 22, 2013.

B. According to the audit report on the financial statements for the fiscal year 201, the Defendant, as of December 31, 2011, bears the short-term loans of KRW 1,494,981,00 (the amount converted into the foreign currency loan of KRW 886,431,00) (the amount converted into the foreign currency loan of KRW 608,550,000) (the Defendant’s audit report for the fiscal year 2010), as of December 31, 201, short-term loans of KRW 3,583,803,803,00,000 for the short-term loans of KRW 57,060 for A as of December 31, 2010.

(ii) for the financial statements of 2012.

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