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(영문) 서울중앙지방법원 2019.05.30 2018가단5131
추심금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The key issue is that the Plaintiff, as the collection obligee, sought the payment of the collection amount from the Defendants, who are the garnishee, according to the seizure and collection order, and the Defendants deposited the full amount of the debt, thereby extinguishing the debt.

The issue of this case is whether the obligation to collect has been extinguished due to the deposit of the Defendants.

2. Facts of recognition;

A. On February 18, 2016, the Plaintiff received the claim attachment and collection order (hereinafter “instant claim attachment and collection order”) from the Defendants of D Co., Ltd. on KRW 39,867,616 ( KRW 19,93,808, respectively, by each Defendant) under 2015, 24594. The Plaintiff was served on Defendant B on April 19, 2016, and on April 14, 2016.

B. In the case where D’s claim for construction cost against the Defendants was filed by D Co., Ltd. against the Defendants (Seoul Central District Court 2015Da18408, 2016Na56402), the part on KRW 39,867,616 against which the Plaintiff received the order of seizure and collection was dismissed on the ground that the Plaintiff had the right to collect (Seoul Central District Court 2015Da18408, 2015da18408), and the claim for construction cost against D’s Defendants was finalized on the ground that the amount of KRW 11,777,161 per annum from October 7, 2015 to September 14, 2017; and damages for delay calculated at 15% per annum from the following day to the date of full payment.

(Seoul Central District Court 2016Na56042). (c)

On October 10, 2017, the Plaintiff demanded the Defendants to repay the debt in accordance with the seizure and collection order of the instant claim, and requested the Defendants to deposit the total amount of the debt in accordance with Article 248 of the Civil Execution Act in the event of the seizure competition, etc.

After the seizure competition plaintiff's seizure and collection order of this case, the other creditors of D were issued a seizure and collection order against the defendants of D as follows. Each claim is seized and collection order.

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