(영문) 춘천지방법원 2015.06.25 2015가단2457

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(영문) 춘천지방법원 2015.06.25 2015가단2457

청구이의

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant filed an application against the Plaintiff to pay KRW 1,822,194 as a result of the Defendant’s lending of temporary materials to the Plaintiff from July 15, 2014 to September 26, 2014, and damages for delay. The payment order was served on the Plaintiff on January 29, 2015, and became final and conclusive on February 13, 2015.

(hereinafter referred to as the “instant payment order”) B.

On March 9, 2015, the Defendant received a seizure and collection order against the “claim to be paid by the Republic of Korea pursuant to the claim amount of 2,138,943 won (principal principal 1,82,194, interest 32,949 won, execution cost 283,800 won), the debtor and the third debtor as the Republic of Korea, based on the instant payment order issued by the Defendant: “The Plaintiff’s seizure and collection order of the claim No. 2014, 3341 (this is the Plaintiff’s obligee as the creditor, and the third debtor as the Republic of Korea, and the obligation to be paid by the Republic of Korea according to the seizure and collection order of the claim for construction cost against the Republic of Korea by the Plaintiff as the creditor).”

C. Meanwhile, as the Republic of Korea competition with the seizure of the claim for the construction price of Bocheon Construction Co., Ltd., the Chuncheon District Court deposited the amount equivalent to the said construction price in gold No. 341 in 2015, and the distribution procedure was carried out as the original branch of the Chuncheon District Court. In the above distribution procedure, the Defendant participated in dividends as the Plaintiff’s collection right holder and received the entire amount of the claim

(No objection is raised by the Plaintiff on the date of distribution, and the distribution schedule is confirmed and the Defendant appears to have received dividends). [The grounds for recognition] The fact that there is no dispute, the entries in the evidence Nos. 1, 3, and 4, and the purport of the whole pleadings.

2. The obligee has completed the compulsory execution based on the ex officio judgment execution title with respect to the legitimacy of the instant lawsuit.

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