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Reasons
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(영문) 의정부지방법원 2015.04.17 2014나55018
추심금
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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On October 17, 2012, the Plaintiff received a decision on provisional seizure of claims (hereinafter “provisional seizure of this case”) with respect to the claims listed in the separate sheet (hereinafter “instant refund claims”) as “debtor B, the garnishee, the Defendant, the content of the claim, and the claim amounting to KRW 60,000,00,000,” as indicated in the separate sheet (hereinafter “instant provisional seizure”).

B. On May 22, 2013, the Plaintiff filed a lawsuit against B seeking the payment of the loan amounting to KRW 60,00,000,000 and the amount equivalent to 20% per annum from July 2, 2011 to April 1, 2013, the Plaintiff was sentenced to the judgment (hereinafter “instant judgment”) with respect to the payment of the loan amounting to KRW 60,00,000 and the amount equivalent to 20% per annum from the next day to the date of full payment, and the said judgment became final and conclusive.

C. After that, on June 18, 2013, the Plaintiff was issued a provisional attachment order (hereinafter “the first collection order”) with the purport that “60,000,000 won according to the instant provisional attachment is transferred to the original attachment, and the remainder of KRW 7,660,273 is seized,” and on July 15, 2013, the Plaintiff applied for the cancellation of the first collection order as to the instant provisional attachment order.

At the request of B, the Defendant refunded KRW 83,246,280 to B on September 9, 2013.

E. On September 10, 2013, the Plaintiff was issued a provisional seizure and collection order (hereinafter “the second collection order”) by transferring the provisional seizure to the original seizure, which is “debtor B, the garnishee, the Defendant, and the claimed amount of KRW 70,454,793,” as the Defendant, Defendant, and the amount of the claim,” as the High Court Branch 2013TT 11944.

F. B paid KRW 40,000,000 to the Plaintiff via C on September 11, 2013.

[Reasons for Recognition] Facts without dispute, Gap 1 to 6 evidence, Eul 1 to 4 evidence, the purport of the whole pleadings

2. Judgment on the parties' arguments

(a) a Party;

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