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(영문) 서울중앙지방법원 2017.10.11 2017가단5073729
추심금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 2, 2016, the Plaintiffs filed a provisional attachment against B with the Seoul Eastern District Court No. 2016Kadan51800, Sept. 2016, 2016, in order to preserve the loans extended to B (100,000,000 won for Plaintiff Company, and 30,000 won for Plaintiff A).

B. Around September 2016, the Plaintiffs filed a lawsuit against B seeking payment of each of the above loans, etc. from the Seoul East Eastern District Court (Seoul Eastern District Court 2016Kadan133141) on the merits of the instant provisional attachment case, and won a favorable judgment from the said court on January 23, 2017, and the said judgment became final and conclusive around that time.

C. On March 3, 2017, based on the original copy of the above judgment, the Plaintiffs received a decision on the seizure and collection order (Seoul Eastern District Court 2017TTTT 51287) to transfer the provisional seizure of the above claims against the Defendant as to the provisional seizure against B, and the said decision was served on the Defendant on March 28, 2017.

[Ground for recognition] Unsatisfy

2. The plaintiffs' assertion and the decision-making plaintiffs Eul hold the defendant with the above seizure and collection order amounting to KRW 268,719,005 at the time of March 28, 2017, 268,719,005 at the time when the above seizure and collection order had been issued, and the defendant asserts that the above defendant is liable for paying KRW 100,000,000 to the plaintiff company, which is the collection creditor of the provisional collection claim, and damages for delay against the above amount.

With respect to whether B has a claim against the Defendant as alleged, it is difficult to see that B has a claim against the Defendant, solely on the basis of the descriptions of the evidence Nos. 4-1 through 3, A, 5, and 6 in light of the witness’s testimony, and there is no other evidence to acknowledge it. Thus, the above assertion by the Plaintiffs is without merit.

3. In conclusion, the plaintiffs' claims are dismissed in entirety as it is without merit. It is so decided as per Disposition.

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