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(영문) 서울동부지방법원 2019.07.19 2017가단113427
추심금
Text

1. The Defendant’s KRW 83,459,780 for the Plaintiff and 5% per annum from April 1, 2017 to July 19, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against the Seoul Western District Court 2016Kadan220849 against C (hereinafter “C”).

On October 14, 2016, the above court rendered a favorable judgment against the Plaintiff stating that “C shall pay to the Plaintiff 139,857,600 won with 6% interest per annum from April 1, 2016 to May 31, 2016, and 15% interest per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time.

B. On September 22, 2016, the Plaintiff: (a) based on the executory judgment of the instant case rendered by the Seoul Western District Court 2016TTT District Court 2016TTTT1170, as to KRW 150,628,550 among the claims for the purchase of goods held by C against the Defendant; and (b) as to KRW 139,857,60 of the above amount, the Plaintiff transferred the provisional attachment pursuant to the Seoul Western District Court 2016Kadan1320 on the provisional attachment order of claims (as of April 27, 2016, the Defendant reached the Defendant on May 20, 2016), and filed an application for the attachment and collection order by means of seizing KRW 10,770,950.

C. On November 14, 2016, the judicial assistant of the Seoul Western District Court accepted the Plaintiff’s application and issued a seizure and collection order (hereinafter “instant claim seizure and collection order”), and the original copy of the said decision reached the Defendant on November 18, 2016.

On November 23, 2016, the Defendant submitted a written statement to the above court that “A had a debt of KRW 259,620,280 against C, but D and other creditors of C, received several proposals provisional seizure, claims seizure, and collection orders.”

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 4 (including branch numbers, if there is a ground for recognition) and the purport of whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, since the seizure and collection order of the instant claim was served on the Defendant, who is the garnishee on November 18, 2016, and issued its validity, barring special circumstances.

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