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(영문) 서울중앙지방법원 2017.09.14 2017가단5010476
추심금
Text

1. The Plaintiff, Defendant B, and Defendant C, as Defendant C, KRW 9,791,30, and each of them, from January 26, 2017 to September 14, 2017.

Reasons

1. Facts of recognition;

A. On March 3, 2016, the Plaintiff (E company) operating smuggling wholesale and retail business, etc.: (a) filed an application for provisional seizure against F (G company) against the Plaintiff’s F (G company) on the grounds that the Plaintiff’s claim for the purchase price of goods in KRW 160,952,517 against the Plaintiff’s F as the obligor F, the third obligor; (b) the Defendant’s claim for the purchase price of goods against F (80,952,517 won against the Defendant Company; (c) the Defendant Company as the Defendants; (d) KRW 20,000,000 against the Defendant Company; and (e) KRW 10,000,000 against Defendant C; and (e) KRW 15,000,000 against Defendant D as the provisional seizure claim; and (e) the remainder of the provisional seizure claim against Defendant D was delivered to Defendant D on March 25, 2016 to Defendant 36, respectively.

B. On the other hand, on December 10, 2014, the Plaintiff filed a lawsuit against F with the District Court 2014Gahap57836, and the said court rendered a judgment that “F shall pay to the Plaintiff the amount of KRW 160,922,889 and the amount calculated by applying each rate of 6% per annum from January 1, 2015 to June 2, 2016, and 15% per annum from the next day to the date of full payment.” The said judgment became final and conclusive on June 24, 2016 as the withdrawal of appeal.

C. Based on the executory exemplification of the above judgment, on July 22, 2016, the Plaintiff filed an application for the seizure and collection order to transfer the provisional seizure to F with F as the seized claim amounting to KRW 177,947,541 as the District Court 2016TT 5496, and the Defendant F as the Defendant F, the third obligor, and served on F, the Defendant F, the Defendants of the claim amounting to KRW 98,610,190 (24,41,492 against Defendant F, the Defendant C, the amount of KRW 12,205,746, and KRW 18,308,621 against Defendant D) on July 26, 2016, and served on F, the order of seizure and collection on July 26, 2016 on each of the above courts.

Defendant 20,004. From April 2016 to June 2016, 2204

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