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(영문) 서울고등법원 2015.10.27 2015나2009200
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant (a) (i) changed the name of the Defendant’s media display “stock company” from January 16, 2015 to “pop-up match film” on November 6, 2009) is the production of the film “Pop-up film” and the theater screen 1).

If pop-up films are produced by investing production costs from the Defendant, the Defendant exclusively distributes and sells them and preferentially deducts the cost of sales from the sales, and then distributes the remaining profits (hereinafter “instant contract”).

2) The motion picture “sul damage” produced by pop-up containers was opened on December 22, 2010 by the Defendant’s distribution and continued to show a theater by the beginning of the following year.

B. Claim provisional seizure 1 against the proceeds of motion pictures) The Plaintiff based on the claim for the amount of goods for pop-up containers on January 27, 2011, and rendered a provisional attachment order against KRW 351,549,550 among the theater screening deposits, profits, and all other monetary claims that the pop-up films will be paid by the Defendant in relation to the "Yul Sea" as Seoul Central District Court Decision 201Kadan322 on January 27, 2011 (hereinafter “instant provisional attachment order”).

(2) On January 10, 201, the Defendant was served on January 31, 201, and thereafter, the executive member No. 8 of the U.S. Venture Investment Association (hereinafter “U.S. Investment”) received a decision of provisional seizure of claims against KRW 308,328,76, out of the proceeds claim of the film “Yan Sea,” and this was served on the Defendant on March 10, 2011.

In addition, the right to provisional seizure against 8.9 billion won out of the above profits claim was rendered by the well-known Bank Co., Ltd. (former trade name before the change: well-known Bank, Co., Ltd.; hereinafter “Monthly Bank”), and this was served on the Defendant on April 28, 201.

After that, several creditors' provisional seizure of the same claim led to the same claim.

C. On March 201, 201, the Defendant, including the advance payment of the Defendant’s revenue, etc.

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