(영문) 전주지방법원 2018.02.13 2016가단32898

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(영문) 전주지방법원 2018.02.13 2016가단32898

추심금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, on October 21, 2016, issued a seizure and collection order (hereinafter “instant seizure and collection order”) with respect to the claim against the Defendant by the K&D Co., Ltd. (hereinafter “K&D”) with the amount claimed as KRW 176,932,40, based on the executory exemplification of a notarial deed No. 1397, Oct. 21, 2014, based on the executory exemplification of a notarial deed No. 1397, which was issued by a notary public against the K&D Co., Ltd. (hereinafter “K&D”), and issued a seizure and collection order with respect to the instant claim against the Defendant. The instant seizure and collection order was served on the Defendant on October 26, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion K&D has a claim for the return of deposit money under the trust contract against the Defendant.

Therefore, according to the instant seizure and collection order, the Defendant is obligated to pay KRW 176,932,400 to the Plaintiff, a creditor of K&D, as well as damages for delay.

3. According to the overall purport of evidence Nos. 6, 8, 9, and 10 evidence Nos. 6, 8, 9, and 10, the judgment was rendered on December 16, 2016, and the judgment was rendered on March 22, 2017, stating that “The notary public against the Plaintiff shall be disqualified from compulsory execution based on the No. 1397 of the No. 1397 of the No. 1397 of the No. 2014, Nov. 5, 2018, by filing a lawsuit of demurrer against the Plaintiff on December 16, 2016, the former District Court rendered a judgment that the Plaintiff appealed on Nov. 24, 2017, and the said judgment became final and conclusive, and K&D may revoke the instant request for the collection order and dismiss the Plaintiff’s application for the cancellation of the execution on May 15, 2018.”

According to the above facts, the seizure and collection order of this case are revoked, and its effect is effective.

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