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(영문) 수원지방법원 2020.07.14 2020가단501678
추심금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 8, 2019, the Plaintiff applied for a payment order against Suwon District Court Decision 2019Da883 (hereinafter “C”) seeking the payment of the goods price of KRW 107,392,296 and the delay damages thereon, and received the payment order on May 10, 2019. The said payment order was finalized on May 28, 2019.

B. On July 18, 2019, the Plaintiff received a claim attachment and collection order (hereinafter “instant seizure and collection order”) with respect to the amount until it reaches KRW 109,615,519, out of the claim for the production and installation expenses of crowdfunding from Suwon District Court 2019TT 10072 (hereinafter “instant claim”). On July 25, 2019, the Plaintiff was served on the Defendant, a third debtor.

C. A number of creditors regarding the instant claim against C against the Defendant before and after delivery of the instant seizure and collection order against the Plaintiff, were issued a seizure and collection order as indicated below.

On July 25, 2019, Plaintiffs 1, 2019, 2019, 2019, 2019, 1007, 109, 615, 519, 25, 25, 2019, 2019, 2019.

D. On May 21, 2020, the Defendant deposited KRW 65,920,290 of the instant claim amount pursuant to Article 248(1) of the Civil Execution Act, on the ground that several claims were served by creditors, including the Plaintiff, as Suwon District Court No. 5758, May 21, 2020, on the ground that the collection order was served by creditors, including the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 5, Eul's 1 through 3, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant shall pay to the Plaintiff the collection amount of KRW 65,920,290 according to the instant seizure and collection order.

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