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(영문) 대구지방법원 2015.01.15 2014나15475
추심금
Text

1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff received a seizure and collection order (hereinafter “instant collection order”) against the Plaintiff on June 26, 201, on the ground that: (a) the Daegu District Court Kimcheon Branch Decision 2011Da1018 rendered the enforcement bond of KRW 5,746,257 out of the judgment amount of KRW 10118; and (b) the Plaintiff received a seizure and collection order (hereinafter “the instant collection order”) against the Plaintiff on June 18, 2013, regarding the expenses incurred in managing cable TV subscribers and the claim for construction cost against the Defendant, which the non-party company had against the Defendant; and (c) the fact that the collection order of this case was served on the Defendant on June 26, 2013 that the Defendant had no dispute between the parties to the instant collection order, or that the purport of the entire statement in the evidence evidence No. 1 is more recognized, barring any special circumstance, the Defendant is obliged to pay damages for delay to the Plaintiff out of the instant collection order to the Plaintiff.

2. Judgment on the defendant's defense

A. The defendant set up a defense that the defendant extinguished his claim for collection against the defendant by depositing the full amount of the above debt owed by the defendant against the non-party company for execution.

Therefore, on July 10, 2013, the Defendant paid KRW 12,834,929 out of the expenses for the management of cable TV subscribers and the construction cost to the non-party company. Accordingly, the Defendant paid KRW 8,847,828 to the non-party company the remainder of the Defendant’s debt incurred to the non-party company, and the Cheongteteck as the preserved right to the non-party company’s amount of KRW 10,090,000 as the Incheon District Court Decision 2013Kadan10567 on July 9, 2013, the non-party company received a provisional attachment order for KRW 10,09,000 among the claim for the expenses for the maintenance of cable TV against the Defendant, and the provisional attachment order was served to the Defendant on July 12, 2013, and the Defendant bears the remainder of the debt owed to the non-party company as the non-party company as the head of the Seogu District Court Decision 2013.

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