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(영문) 서울중앙지방법원 2016.06.28 2015가단5159216
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

According to the decision of provisional seizure of claims by Incheon District Court 2014Kadan4962 on May 29, 2014, the Plaintiff attached the bonds listed in the separate sheet against the Defendant and delivered the provisional seizure decision to the Defendant on June 2, 2014, and thereafter filed a lawsuit against the non-party company, etc. for the loan claim by the Seoul Central District Court 2014Kadan52350, and then filed the lawsuit against the non-party company, etc. for the provisional seizure of claims, the Defendant did not obtain an obligation to submit the provisional seizure order to the Plaintiff at KRW 13% per annum from July 23, 2014 to November 7, 2014, to the non-party company’s debt amounting to KRW 50,000,000,000 from which the provisional seizure order was issued, or to obtain an executory order from the next day to the date of complete payment, and the Defendant did not obtain an executory order from the Incheon Central District Court 2015.45.15.

In regard to this, the defendant asserts that he had already received a seizure and collection order as to the claim stated in the separate sheet, and that he had the other creditor who had already received a seizure and collection order, and therefore, he has no reason to comply with the plaintiff's claim. Thus, according to the records in Eul evidence 1-1, 2, Eul evidence 1-2, and Eul evidence 3-1 through 7, the defendant was delivered the provisional seizure order of the claim No. 2014Kadan4962 on June 2, 2014, and the non-party LMS Co., Ltd. was on January 23, 2015.

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