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(영문) 의정부지방법원 고양지원 2018.10.12 2018가단2519
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Fact-finding;

A. On December 5, 2016, the order for payment (hereinafter “instant order for payment”) was issued and finalized on December 23, 2016, 2016, stating that “A stock company shall pay to the Plaintiff KRW 27,570,000 and interest calculated at the rate of 5% per annum from November 1, 2016 to December 8, 2016, and 15% per annum from the next day to the date of full payment” (hereinafter “instant order for payment”).

B. On December 21, 2016, the Plaintiff was issued a ruling of provisional attachment of KRW 15,000,000 against the Defendant of the garnishee Co., Ltd. (hereinafter “instant provisional attachment”). The said ruling of provisional attachment of claims was served on December 23, 2016 to the Defendant, the garnishee, who is the said garnishee.

C. Thereafter, the Plaintiff’s claim amounting to KRW 31,572,040 (such as principal and interest and enforcement expenses until October 26, 2017 based on the instant payment order) against Defendant C, a debtor corporation as Suwon District Court Branch Branch 2017TT 322 on October 30, 2017, with respect to KRW 15,00,000,000 out of the transportation charge claim amounting to Defendant C’s third debtor.

The provisional seizure indicated in paragraph (1) is transferred to the main seizure, and 16,572,040 won (the remainder after deducting KRW 15,000,000 from the claim 31,572,040) is seized among the transport charges claims. The plaintiff was issued a seizure and collection order (hereinafter “instant seizure and collection order”) stating that the above seized claims may be collected, and the above order was served to the defendant on November 1, 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 5, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion regarding the cause of the instant claim is to pay KRW 31,572,040 to the Defendant based on the instant seizure and collection order against the Defendant.

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