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(영문) 의정부지방법원고양지원 2020.08.20 2019가단7559
추심금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 12, 2008, the Plaintiff filed a lawsuit against C Co., Ltd. (hereinafter “C”), and was sentenced by the Seoul Central District Court on November 12, 2008 (Seoul Central District Court Decision 251,94,100 won, and the amount calculated at the rate of 6% per annum from September 7, 2007 to November 12, 2008, and 20% per annum from the next day to the date of full payment (Seoul Central District Court Decision 2007Da78185, 90154 (Counterclaim))). The above judgment was finalized on January 29, 2009.

B. On December 6, 2007 and December 10, 2007, C attached three real estate D (E, F, G; hereinafter “each of the instant real estate”) owned by the Defendant, Seodaemun-gu Seoul Western District Court (Seoul Western District Court 2007Kahap2201 (the claimed amount of KRW 158,420,00), Seoul Western District Court 207Kadan1075 (the claimed amount of KRW 24,420,99) (the claimed amount of KRW 24,499); hereinafter “each of the instant provisional seizure”) and each of the instant provisional seizure decision was not served on the Defendant on the ground that the directors are unknown.

C. On December 8, 2009, the Plaintiff received a seizure and collection order of the claim amounting to KRW 314,902,874 (Seoul Southern District Court 2009T District Court 2009T, hereinafter “instant seizure and collection order”), and the above seizure and collection order of the claim reached the Defendant on January 11, 201, and January 21, 201, respectively.

On September 27, 2019, the Defendant filed an application against C for the order to file a lawsuit with the Seoul Western District Court 2019 Chicago57 and the Seoul Western District Court 2019 Chicago58, but C did not file a lawsuit within a fixed period even after receiving the decision to file the above order.

Accordingly, on February 21, 2020, the Defendant filed an application against C for the revocation of each provisional attachment of this case with the Seoul Western District Court 2020Kahap50109 and the Seoul Western District Court 2020Kadan50448, respectively. The above provisional attachment was revoked as cited on April 6, 2020 and the above 2020Kadan50488, respectively.

[Reasons for Recognition] There is no dispute.

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