(영문) 부산지방법원 서부지원 2018.07.03 2017가단110760

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) 부산지방법원 서부지원 2018.07.03 2017가단110760

추심금 반환 청구의 소

Text

1. The Defendant: Busan District Court 2015TTT 5285 and collected money according to the collection order 40,000.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in the entry in Gap evidence 1 to 7 (including a serial number) by reference to the whole purport of the pleadings:

Based on the claim against Non-Party A (hereinafter “the deceased”), the Plaintiff filed a payment order against Non-Party B, the inheritor, seeking payment of KRW 273,357,648 and interest or delay damages thereon, within the scope of the property inherited from the Deceased, with the Busan District Court. On March 13, 2015, the Plaintiff received the payment order as above, and the said payment order became final and conclusive on April 14, 2015.

B. On May 6, 2015, the Plaintiff, as the executive title, received a seizure and collection order with respect to the claim of KRW 128,165,00, which was held against Nonparty C as the inheritor of the deceased (2015TT 50518) from the same court on May 6, 2015, and the said order was served to C on May 11, 2015.

C. In the case of claim for the price of goods as Busan District Court Decision 2014Kadan54256, Busan District Court, the conciliation was concluded between the Defendant and B, within the scope of the property inherited to the Defendant by the Deceased, with the content that B and the Defendant shall pay 64,706,950 won and delay damages therefor within the scope of the property inherited from the Deceased. The Defendant received a seizure and collection order as to the claim of KRW 41,00,000, which was held by B as the inheritor of the Deceased, from the same court on February 27, 2015.

(2015. Doz. 5285)

The Defendant collected KRW 10 million from C on November 1, 2016, and KRW 30 million on July 8, 2017, respectively, based on the collection order and attachment of the claim 2015 and collection order.

2. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 40 million collected from the third obligor C according to the seizure and collection order of the above 2015TTT 5285, and to report the reasons therefor.

The defendant shall be asked to C at the time of collection so that the seizure may be concurrent.

유사 판례

-인천지방법원부천지원 2016.12.20 2015가단19379

-서울중앙지방법원 2016.01.26 2014가단5330186

-수원지방법원여주지원 2016.08.11 2016가단52953

-광주지방법원순천지원 2020.07.08 2019가단76952

-수원지방법원안산지원 2017.06.08 2016가합1110