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(영문) 인천지방법원 부천지원 2018.09.20 2017가단118492
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. B filed a lawsuit against the Defendant as this Court 2008Gahap3519, which sought the return of the lease deposit and damages for the building of the Bupyeong Terminal. On January 16, 2009, the Defendant was sentenced to the judgment in favor of the Defendant to pay B KRW 289,520,000 and the damages for delay thereof. The above judgment became final and conclusive.

B. The Plaintiff and B prepared a notarial deed with the following contents.

(1) No. 671 of the certificate of Non-Yancheon General Law Office No. 672: No. notarial deeds for a monetary loan contract issued by a notary public on December 31, 2012: The creditor, debtor, loan amount of KRW 27,00,000, interest rate of KRW 7% per annum on December 31, 2012 due and due date (2) No. 132 of the certificate of Non-Yancheon General Law Office: The creditor, debtor, loan amount of KRW 20,00,000, interest rate of KRW 20% per annum on September 30, 2013 due and due date.

C. The plaintiff was above B.

An order for seizure and collection of the following contents by indicating the notarial deed as an executive title:

(1) The Daegu District Court (hereinafter “instant seizure and collection order”) - The creditor, the debtor, the debtor, the garnishee, the defendant, the defendant, the date of the order - KRW 33,358,680 on March 27, 2013 - The claims to be seized: The claims to be returned from the debtor to the third debtor on the original copy of the judgment of the claim for return of the lease deposit which the debtor holds against the third debtor: (2) the above claims to be returned from the third debtor on September 21, 2016 - the creditor, the debtor, the third debtor - the debtor - the debtor - the claim amount to be returned from the third debtor on September 21, 2016 - The claims to be returned from the third debtor on the deposit of lease deposit and the above claims amount to be returned from the third debtor on the original copy of the judgment of the claim for return of the lease deposit.

D. B On July 23, 2010, the notice of assignment to the Defendant is given as follows:

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