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(영문) 서울중앙지방법원 2016.06.14 2015가단5177276
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 20, 2012, the Plaintiff filed an application for provisional seizure against claim with the Seoul Central District Court 2012Kadan4599 against the obligor A and the third obligor as the Defendant for the claim amounting to KRW 1,410,000,000 for the amount until the obligor’s claim for the provisional seizure against the third obligor for the amount of KRW 1,410,000,000 among the commercial claims such as the sale price of goods in the present and future. The said provisional seizure order was served on the Defendant on November 22, 2012.

B. After that, the Plaintiff filed a lawsuit seeking penalty against A with the Busan District Court 2013Kahap6240, as the main case of the provisional attachment case, and received a favorable judgment from the above court on April 16, 2014 that “A shall pay to the Plaintiff the amount of KRW 1.41 billion and the amount of KRW 18% per annum from July 27, 2012 to April 16, 2014, and the amount of money calculated at the rate of 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on May 8, 2014.

C. Based on the above executory final judgment, the Plaintiff: (a) filed an application with the Seoul Central District Court for a provisional seizure and a collection order with respect to “1,867,458,082 won among the commercial claims, such as the sale price of goods, etc., currently or in the future, against the garnishee; (b) transferred the provisional seizure to the provisional seizure under the Seoul Central District Court 2014TT13787; and (c) on May 29, 2014, the provisional seizure for KRW 1,410,000 was transferred to the provisional seizure; and (d) the remainder of KRW 457,458,082 was seized; and (e) the provisional seizure and a collection order was issued to the Defendant on June 5, 2014.

[Ground of recognition] Facts without dispute, or entries of Gap 1 through 3 (including virtual numbers) and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The Plaintiff 1: A is the Defendant on May 18, 201.

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