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(영문) 광주지방법원 2018.07.19 2017가단29373
추심금
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 September 7, 2007, the Gwangju District Court 2007Gahap3812 filed a claim for the purchase price against the Defendant, and rendered a judgment in favor of the Defendant that “the Defendant shall pay C KRW 233,480,270 and delay damages therefrom” (hereinafter “instant claim based on the above judgment”), and the above judgment became final and conclusive at that time.

B. On October 28, 2011, the Defendant applied for a decision to commence individual rehabilitation as the Gwangju District Court 201dan31, and received a decision to authorize individual rehabilitation from the above court on June 18, 2012. According to the above rehabilitation plan, C’s rehabilitation claim amounting to KRW 374,721,196, and KRW 355,985,136 in relation to the method of repayment, the remainder of KRW 18,736,060 in debt exemption, and the remainder of KRW 18,736,060 from 2013 to 2022 (from 2013 to 2015, each year, 2,248,327, 2020 and 2019).

C. On January 23, 2017, C transferred residual rehabilitation claims 11 million won against the Defendant to D, stating that C received total amount of claims that it would receive from the Defendant in the said assignment of claims. D.

On October 20, 2017, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) against KRW 5,500,000 from among the lease deposit return claims and food loan claims and 55,000, which C owns against the Defendant, based on the authentic copy of the No. 1012 of the monetary loan agreement executed by the law firm in 2016 and 1012. The Plaintiff was served on the Defendant on October 24, 2017.

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

2. The plaintiff's claim for the collection amount of this case against C at the time when the seizure and collection order of this case were served on the defendant.

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