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(영문) 서울북부지방법원 2019.05.14 2018가단133691
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that the plaintiff's claim is based on KRW 33,342,638 of the judgment deposit amount against C District Housing Association, and the claim for the payment of the entrusted fund under the contract for the management of the new apartment construction project funds held against the defendant by the above housing association was issued and the collection order was served to the defendant, and thus the claim for the collection amounting to KRW 33,342,638 and its delay damages were effective.

2. Determination

A. According to the evidence evidence Nos. 1 and 2 of the collection order No. 1 and 2, the fact that the Plaintiff’s judgment bond against the Plaintiff’s Regional Housing Association (this Court Decision 2017Da378644) was issued on March 21, 2018, which was served on the Defendant on March 23, 2018 by the creditor, debtor C Housing Association, third debtor, Defendant, claim amounting to KRW 33,342,638, and seized claim, “The claim for payment of entrusted funds according to the contract for new apartment construction project funds management for the local apartment construction project, which is scheduled to be built in the Seoul Central District Housing Association against the Defendant” was issued on March 21, 2018. The above seizure and collection order was served on the Defendant on March 23, 2018.

B. The Defendant’s assertion 1) The Defendant: (a) deposited the money under the Defendant’s custody as the deposit for execution and repayment with the Fund deposited by the Fund Association; and (b) on August 12, 2013, the fact that the above seized claim had already been extinguished at the time of issuance of the above bond seizure and collection order; (c) the following facts can be acknowledged by taking into account the overall purport of the entries and arguments in the evidence Nos. 1 through 7. (a) The Regional Housing Association (the president of the Association, the mandator, the mandator), the F (Execution Agency, C), the Defendant (the receiver, the receiver, and C) with the Fund for the New Housing Construction Project of the Central Housing Association in Jung-gu Seoul Metropolitan Government Seoul Metropolitan Government, which entered into an agency contract for the management of funds.

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