(영문) 서울중앙지방법원 2020.12.08 2020가합534141

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.12.08 2020가합534141

추심금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. On August 10, 2016, the Plaintiff’s non-party company against the non-party company prepared a notarial deed on a promissory note with a face value of KRW 300,000,000 at face value, payment at sight, place of payment, place of payment, and place of issuance, respectively, and thus, the Plaintiff holds a monetary claim of KRW 300,000,000 against the non-party company (hereinafter “the instant claim”).

B. The non-party company against the Defendant of the non-party company holds a claim for payment of the profit and the settlement amount due to the termination or termination of the trust contract (hereinafter “claim, etc. of this case”) as stipulated in the trust contract of this case.

C. On September 21, 2016, the Plaintiff received the seizure and collection order (the court 2016TT 16206, hereinafter “the above court”) from the Suwon District Court as the claim, and issued the seizure and collection order (the above court 2016T 16206, hereinafter “the collection order”).

Therefore, the defendant should pay to the plaintiff KRW 300,00,000 of the amount of the claim of this case out of the debt, such as the revenue of this case, to be paid to the non-party company due to the termination of the trust contract of this case in the future.

2. Determination as to the defendant's defense prior to the merits

A. The Defendant’s assertion of this case can be lodged as a lawsuit claiming performance in the future. However, it is not necessary to file a prior claim, which is a legitimate element of such lawsuit, and thus ought to be dismissed.

B. A lawsuit claiming performance in the future can be brought only when it is necessary to claim in advance. In this context, where a prior claim is required, the period during which the obligor is due is due or when the obligor contests the existence of the obligation from the date of maturity to the point of view of the non-performance of the condition.

유사 판례

-서울고등법원 2017.05.25 2016나2066941

-대법원 2015.01.29 2014다75080

-서울중앙지방법원 2017.05.31 2016가단137225

-수원지방법원 2016.06.14 2015나27788

-서울북부지방법원 2017.09.28 2016가합2288