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(영문) 서울북부지방법원 2016.03.24 2015가단51675
추심금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 3.

ADF Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) filed a lawsuit against the Defendant (Seoul Central District Court 2012Gahap104385) against which the Defendant sought construction cost, but was appealed on August 29, 2013 (Seoul High Court 2013Na61260) and was sentenced on March 3, 2015 to the effect that “the Defendant shall pay to the Nonparty Co., Ltd. 61,076,692 won and delay damages therefor,” and the Defendant is currently pending in the final appeal (Supreme Court 2015Da21196).

B. On the other hand, on June 23, 2015, the Plaintiff, based on the authentic deed No. 579, No. 2012, 2012, 104385 (Seoul High Court 2013Na61260, Supreme Court 2015Da21196), issued a seizure and collection order (Seoul Western District Court 2015 Ta7487, hereinafter “the instant order”) against the Defendant of the non-party corporation, and served the Defendant on June 25, 2015.

C. However, around March 2015, C received the Seoul High Court Decision 2013Na61260 rendered against the Defendant of the non-party corporation the attachment and assignment order of the claim amounting to KRW 150 million. The said decision was served on the Defendant around that time.

2. The plaintiff asserted and determined that since the plaintiff is a legitimate collection authority based on the decision of this case, the defendant is obligated to pay to the plaintiff the amount of KRW 70 million out of the amount to be paid to the non-party corporation and the compensation for its delay. However, the fact that the attachment and assignment order against the defendant already became final and conclusive prior to the decision of this case was recognized as above, and according to the above facts of recognition, the judgment against the defendant of the non-party corporation has already been transferred to C.

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