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(영문) 서울동부지방법원 2018.08.31 2017가단144155
추심금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Following the determination of the cause of the claim shall be acknowledged either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 6 and 10.

A. A list of the plaintiffs and the attached persons

2. The designated parties mentioned in paragraphs (1) through (7) (hereinafter referred to as “Plaintiffs and designated parties”) are non-party C Co., Ltd. (hereinafter referred to as “non-party C”)’s urban bus drivers, and the Defendant is a corporation incorporated for the purpose of controlling D’s bus transportation business, promoting the welfare, and mutual aid business.

B. On December 20, 199, the non-party company transferred to the non-party company's trade union the receipt of cash and bus cards with the exception of oil bags, etc. among the transportation revenue of the non-party company for the payment of overdue wages, etc. among them, the non-party company agreed to pay it as wages of the workers when the defendant settled the accounts and pays it to the trade union. The non-party company made a re-agreement for the same purpose as on June 19, 200 and April 26, 2002 (hereinafter referred to as the "agreement") and notified the defendant of it around that time.

C. Meanwhile, on October 2, 2003, the Plaintiff and the designated parties applied for a payment order against the non-party company seeking payment of overdue wages and retirement allowances in the corresponding amount stated in the attached Table 2, which became final and conclusive on October 26, 2003 upon receiving the payment order.

(Seoul District Court 2003 tea50567, hereinafter referred to as the "instant payment order") d.

Plaintiff

In accordance with the instant payment order, the designated parties filed an application for the seizure and collection order on June 14, 2016 with the amount corresponding to each claim stated in the attached Table 3 among the deposit claims held against the Defendant by the non-party company as the debtor and the defendant as the garnishee. The decision was made on June 14, 2016 and became final and conclusive around that time.

(Seoul Central District Court 2016TTTT 10503, hereinafter referred to as "the collection order of this case") 2.

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