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(영문) 대구지방법원 2017.12.14 2016가합4062
추심금
Text

1. All claims filed by the Plaintiff (Appointed Party) and the designated parties against the Defendants are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff and the designated parties (hereinafter “E”) filed an application for provisional attachment with the Daegu District Court on the claim for construction price, etc. of fire doors against the third parties, including EA, as employees of the limited company E.S. (hereinafter “E.”), and filed an application for provisional attachment against the said court on February 5, 2016 (the foregoing court No. 2016Kadan391; hereinafter “instant provisional attachment”), and the said provisional attachment ruling was sent to the Defendants, the third parties debtor, around February 5, 2016, respectively.

Afterwards, the Plaintiff and the designated parties filed with the Daegu District Court an application for payment order seeking payment of 398,698,572 won, such as the amount claimed by each obligee, as stated in the separate sheet, to the Daegu District Court. Around 2016, the Plaintiff and the designated parties received an order to pay the above amount from the above court.

(Court 2016 No. 3621). (b)

After that, on November 21, 2016, the Plaintiff and the designated parties received a provisional seizure order for KRW 320,587,601 from the above court on the basis of the above payment order, as to the third parties, including E.S. Defendants, for the total of KRW 320,587,601, and the total of KRW 78,110,971, and further seizure for the total of KRW 398,698,572, which would enable the Plaintiff and the designated parties to collect KRW 398,69,572, and the collection order (the above court No. 2016, No. 15347; hereinafter “instant collection order”). On November 23, 2016, the instant collection order was served on Defendant Csung Industrial Co., Ltd. (hereinafter “Defendant C”) and Defendant E. (hereinafter “Defendant E.,”) around the same month and around the same month.

[Ground of Recognition] Facts without dispute, Gap 1, 15, and 17 shall include each number.

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