(영문) 대전지방법원 2020.03.31 2019가단4950

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) 대전지방법원 2020.03.31 2019가단4950

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 4, 2018, the Defendant filed a claim suit against the Plaintiff, including car rental fees, etc., Daejeon District Court Decision 2017Gaso57091, and was sentenced to the judgment that “the Defendant (the Plaintiff of this case) shall pay the Plaintiff (the Defendant of this case) 4,850,870 won with 15% interest per annum from July 22, 2017 to the day of complete payment (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. On October 19, 2018, the Defendant received a seizure and collection order of the Plaintiff’s deposit claim (hereinafter “instant claim seizure and collection order”) from the Cheongju District Court 2018TTTT District Court 2018, and issued a seizure of movable property as D with the Cheongju District Court (hereinafter “instant movable property seizure”) around November 2018.

C. Around December 7, 2018, the Defendant requested E Co., Ltd. (hereinafter “E”) to collect claims based on the instant judgment. Around December 7, 2018, E notified the Plaintiff to the effect that “The sum of KRW 5,825,696 according to the instant judgment is the deposit account in the name of E, and KRW 176,760,760, and KRW 220,000, the expense for the seizure and collection order of the instant movable property, and KRW 220,00,000, are remitted to the deposit account in the name of the Defendant, to receive the seizure and collection order of the instant movable property within one day after the confirmation of repayment.”

On December 10, 2018, the Plaintiff remitted KRW 5,825,696 as “Defendant’s credit” to the deposit account in the name of E, and KRW 176,760 as “expenses for Defendant’s execution” to the deposit account in the name of the Defendant.

On April 15, 2019, the defendant filed a request for the withdrawal and cancellation of seizure concerning the seizure and collection order of the instant claim.

[Ground of recognition] Facts without dispute, Gap 1 to 11 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant asserted the principal and damages for delay based on the instant judgment from the Plaintiff (hereinafter “the Plaintiff”).

유사 판례

-대전지방법원 2020.03.31 2019가단4950

-서울북부지방법원 2018.01.16 2017가단112567

-대구지방법원 서부지원 2018.08.16 2018가단1326

-청주지방법원충주지원 2016.06.09 2015가단22765

-서울남부지방법원 2020.12.24 2020가단248524