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(영문) 수원지방법원 여주지원 2018.09.18 2018가단3245
추심금
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

As of January 18, 2017, the Plaintiff received a decision to issue a seizure and collection order against each of the Defendants against Suwon District Court Branch D (hereinafter “D”) from the Defendants (hereinafter “D”), and the said decision was served on January 23, 2017 to the Defendants.

Therefore, the defendants should pay the amount of claims seized to the plaintiff who is the collection right holder.

Judgment

According to the evidence Eul's evidence Nos. 1 and 2, the plaintiff had already filed a lawsuit against the defendants for the payment of the collection amount according to the seizure collection order of this case, and the plaintiff appealeded on November 30, 2017 after being sentenced by the above court, and is currently proceeding with the appellate court's judgment of Suwon District Court 2017Na19347.

The above case and the lawsuit of this case are identical to the parties concerned by seeking collection of the same claim. Thus, the lawsuit of this case is unlawful in accordance with Article 259 of the Civil Procedure Act by falling under a duplicate lawsuit.

In conclusion, all of the Plaintiff’s lawsuits against the Defendants are dismissed.

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