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(영문) 서울남부지방법원 2017.06.13 2016가단215725
부당이득금
Text

1. The defendant is the Seoul Central District Court 2016TTT 2569, and the collection amount of 33,711,700 won according to the collection order.

Reasons

1. Facts of recognition;

A. On April 6, 2015, the Plaintiff: (a) issued a provisional attachment order on the claims for the payment of goods in KRW 118,008,508 with Seoul Southern District Court Decision 2015Kadan20733, as the preserved claim; and (b) on the claims for the goods and the construction price of KRW 118,08,50 as the obligor; and (c) on the claims for C&P lending Co., Ltd., as the third obligor, the Plaintiff was issued a provisional attachment order

B. Since then, the Plaintiff filed a lawsuit against B on the claim for the payment of goods with Seoul Southern District Court Decision 2015Kadan213623, Jan. 13, 2016 in the foregoing case, “B shall pay 118,008,508 won to the Plaintiff in installments on five occasions from February 13, 2016 to June 2016, and if the Plaintiff fails to comply therewith, it shall be paid in addition to damages for delay at the rate of 15% per annum.” The decision on the recommendation for compromise was finalized on January 30, 2016.

C. Accordingly, the Plaintiff requested the Seoul Southern District Court 2016TF 118,784,408 (1118,784,408) to seize and collect the provisional attachment against B’s claim for the goods and construction price against CFFF 3 as the obligor, and the third obligor, with B’s claim for the goods and construction price as the preserved claim, and requested the provisional attachment against B from the above court on March 23, 2016, to transfer the provisional attachment of KRW 118,008,50 (118,008,500) as the principal attachment, and seized the remainder of KRW 775,900.

“A” under the resolution of acceptance (hereinafter “the first attachment and collection order”), and this decision was served on C&P Co., Ltd., a garnishee on March 28, 2016.

On the other hand, the defendant requested the Seoul Central District Court 2016TTB 2569 to issue a seizure and collection order as to the goods and the construction price claim against the CPP 2, which is the same as the first seizure and collection order, with B as the debtor, and CP 2 as the third debtor.

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