(영문) 서울중앙지방법원 2018.09.20 2018가단5096491

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(영문) 서울중앙지방법원 2018.09.20 2018가단5096491

추심금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On December 4, 2017, based on the Seoul Western District Court Decision 2017Da15150, the Plaintiff obtained a provisional seizure and collection order (hereinafter “instant collection order”) from the Seoul Western District Court Decision 2017DaMa15150, which transferred the provisional seizure against the Defendant as the claim for construction cost against the Defendant, to the Defendant for the provisional seizure and the seizure and collection order (hereinafter “instant collection order”), and the instant collection order was served on the Defendant on December 7, 2017.

B. On the other hand, on July 16, 2018, the Plaintiff submitted to the Defendant a letter of cancellation of attachment and waiver of the right to collect the instant collection order in the Seoul Western District Court 2017TTTT case No. 11301, and on July 20, 2018, the notice of cancellation was issued to the Defendant.

In addition, the plaintiff submitted a written application for withdrawal and cancellation of enforcement to the Seoul Western District Court 2017Kadan226 case, which is a provisional seizure case before the seizure, and on July 20, 2018, the notice of cancellation was served to the defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1 to Eul evidence 4, the purport of the whole pleadings

2. The Plaintiff, based on the collection order of this case, claimed against the Defendant for the payment of KRW 72,920,000 and damages for delay.

However, as seen earlier, the Plaintiff, as the Plaintiff submitted a written waiver of the cancellation of attachment and the right to collect the collection of the instant collection order, and renounced the right to collect the construction price claim against the Defendant. Therefore, it is deemed that the Plaintiff lost its ability to collect based on the collection order of this case.

Therefore, the lawsuit of this case filed by the plaintiff is illegal as it is brought by a person who is not a party, and the defendant's main defense pointing this out is justified.

3. In conclusion, the plaintiff's lawsuit of this case is unlawful and thus it is ordered to dismiss it.

유사 판례

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