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(영문) 수원지방법원 2014.12.12 2014가단26855
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On November 5, 2013, the Plaintiff filed a lawsuit with the Securities and Exchange Co., Ltd. Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to seek the payment of construction price, and rendered a judgment on November 5, 2013 that “Nonindicted Co., Ltd. shall pay to the Plaintiff the amount calculated by the rate of KRW 93 million and the interest rate of KRW 20% per annum from August 9, 2013 to the date of full payment,” and the said judgment became final and conclusive.

(C) The District Court 2013Kadan75584). (b)

The plaintiff applied for provisional attachment against the defendant of the non-party company for the provisional attachment on June 17, 2013.

(C) The District Court 2013Kadan4564).

The Plaintiff filed an application for the seizure and collection order against KRW 93 million, which is based on the judgment above, for the seizure and collection order to transfer the provisional seizure to the original seizure, and against KRW 6,185,691, the Plaintiff filed an application for the seizure and collection order. On December 17, 2013, the court issued the order of seizure and collection on January 16, 2014.

(U.S. District Court 2013TTY 27872). D.

However, on November 8, 2014 during the instant lawsuit, the Defendant received a written application for demand for distribution and a written application for demand for distribution, which is a creditor, respectively, and deposited KRW 9,185,691 of the unpaid construction cost as Seoul Central District Court 2014 and KRW 25715, Nov. 14, 2014 pursuant to Article 248(2) of the Civil Execution Act, and deposited KRW 10,814,309 of the unpaid interest interest as Seoul Central District Court 2014 and KRW 26082, Nov. 14, 2014, respectively. This constitutes the total amount of claims and interest for arrears against the Defendant of the non-party company subject to a collection order by the Plaintiff until that time.

[Reasons for Recognition] Unsatisfy, Gap's evidence 1 to 10, Eul's evidence 21 to 22, the purport of the whole pleadings

2. The creditor collecting the claim upon receiving the judgment of the court of execution is a kind of collection agency in accordance with the authorization of the court of execution, and is engaged in the seizure or distribution from the third debtor for all creditors participating in the seizure or distribution. Thus, the garnishee's deposit for execution is subject to seizure.

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