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(영문) 서울남부지방법원 2019.01.25 2017가합1098
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The Plaintiff is a juristic person established with the approval of the Minister of Culture, Sports and Tourism pursuant to Article 20-2 of C Promotion Act for the purpose of promoting C, and the Defendant is the author who writes a broadcast drama theater.

B. The Plaintiff’s request for seizure and collection order 1) The Plaintiff Company D (hereinafter “D”).

2) On September 15, 2015, D applied for a payment order with respect to the Defendant (Seoul Western District Court Decision 2015 tea 4955 reimbursement amount), 480,000,000 won, and 480,000 won with executory payment order from October 22, 2015. Meanwhile, D applied for a payment order with respect to the Defendant (Seoul Western District Court Decision 2015 tea 4334 and remaining settlement amount), and on September 15, 2015, D was ordered to pay D 854,387,049 won and delayed payment damages.

(3) The Plaintiff applied for the seizure and collection order of the claim amounting to KRW 517,411,131 based on the original copy of the payment order stated in the above Paragraph (1) against D (Seoul Western District Court Decision 2016TBT 4187). On April 29, 2016, the above court issued a seizure and collection order (hereinafter “instant collection order”) on the amount up to the above claim amount among the claims based on the prior payment order against D against D as the garnishee. The instant collection order was served on the Defendant on May 30, 2016.

C. On June 2, 2016, the Plaintiff requested that the amount of money under the instant collection order be paid by June 10, 2016, through the certification of the content of the collection order.

The plaintiff D has a claim against the defendant for damages for delay based on the preceding payment order, as well as 854,387,094 won and damages for delay based on the preceding payment order.

The Plaintiff is the Plaintiff.

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