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(영문) 인천지방법원 2018.03.22 2017나9916
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 2014, the Defendant, as E’s South East East-gu, Incheon, opened and operated the Smarket in the name of “Dmat” on the first floor of the Nam-gu Incheon, Nam-gu, Incheon, as well as the name of “Dmat.”

(A9) b.

The Plaintiff filed an application against E for a payment order seeking payment of the price of goods, etc. with Seoul Southern District Court No. 2015 tea17053, Dec. 15, 2015; the said court issued a payment order ordering payment of KRW 4,929,500 and delay damages therefor on December 15, 2015; the said payment order was finalized on January 5, 2016.

On April 8, 2016, the Plaintiff filed an order for the seizure and collection of KRW 5,265,658 corresponding to the amount of the claim on the payment order with the title of execution of the above payment order and received the above order for the seizure and collection of KRW 5,265,658 from among the sales price claims held against Non-CCCC Card Co., Ltd., upon which E applied for the order for the seizure and collection of the above amount of KRW 5,265,658 from among the sales price claims held against Non-CCCCCC Co., Ltd., and the above seizure and collection order was finalized after it was served on Non-CCCC Co.

C. The Defendant filed an application against E for a payment order seeking wage payment under the Incheon District Court 2016 tea4280, and the said court issued the payment order ordering E to pay KRW 30,000,000 as of June 27, 2016 and delay damages thereon (hereinafter “instant payment order”). (A) The said payment order was finalized on July 15, 2016.

On August 8, 2016, the Defendant applied for a seizure and collection order against KRW 10,00,000 out of the amount of the claim under the above payment order, with the title of execution of the instant payment order as the title of execution, and received a seizure and collection order of the claim against Non-CCCCCC Co., Ltd. regarding the sales-price claim held by Non-CCCCCCCCCC Co., Ltd., and the above seizure and collection order became final and conclusive after being served on Non-CCC Card Co., Ltd., which is the garnishee on August 11, 2016.

Sch Card Co., Ltd. deposited KRW 6,966,283 on the grounds of attachment competition (In Incheon District Court 2016Hun-9431), which is the case.

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