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(영문) 대구지방법원 안동지원 2018.09.12 2017가단4249
추심금공탁청구
Text

1. The Defendant issued a collection order with the Daegu District Court Branch 2017TTTTT 1987 to the Plaintiff.

Reasons

Basic Facts

Plaintiff

On October 19, 2015, the Defendant, including the Defendant’s order of seizure and collection against C, received the order of seizure and collection (hereinafter “instant order of seizure and collection”) as to KRW 50,00,00 from the garnishee Co., Ltd. (hereinafter “C”) of the debtor D Co., Ltd. (hereinafter “D”), as the Daegu District Court Branch of 2015TT1987, and issued the instant order of seizure and collection to C on October 21, 2015.

As to D, on October 19, 2015, the Plaintiff received a collection order for the amount of KRW 75,000,000 based on the payment order (20,440) issued by the Daegu District Court, which became final and conclusive as to D, as to D’s claim amount of KRW 50,000,000,00 based on the payment order (20,000,000,000,000,000,000,000,000,000 from the Daegu District Court Branch Branch, Daegu District Court, Daegu District Court (2015, 2015). The Plaintiff’s seizure and collection order of the Plaintiff was served to C on October 21, 2015.

Plaintiff

In addition, on March 23, 2016, the Defendant, including the Defendant’s order of seizure and collection, filed a lawsuit against C, based on the instant order of seizure and collection, seeking payment of the collection amount under the Daegu District Court 2016Kadan202, An order of seizure and collection, and on March 23, 2016, sentenced C to the judgment that “C shall pay to the Defendant the amount equivalent to 50 million won and 15% per annum from December 19, 2015 to the date of full payment” (hereinafter “the judgment of collection of this case”). The judgment of collection of this case became final and conclusive on April 9, 2016.

On May 2, 2016, based on the instant collection amount judgment, the Defendant seized the investment certificate to the obligor C’s third obligor E with the Daegu District Court Branch 2016TTT 10245, and on June 19, 2017, the amount of KRW 50,000,000, among the obligor’s third obligor’s third obligor’s third obligor’s third obligor’s third obligor’s third obligor’s payment claim (hereinafter “construction payment claim”).

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