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(영문) 수원지방법원 2017.08.18 2017가합11011
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 1, 2016, the Plaintiff received an order against A to pay to the Plaintiff KRW 601,849,299 and KRW 601,849,222 from December 10, 2015 to February 3, 2016, that “A shall pay to the Plaintiff 601,849,299, and KRW 12% per annum from the next day to the day of full payment, and KRW 15% per annum from the next day to the day of full payment.” The above payment order was finalized on February 18, 2016.

B. On May 4, 2016, the Plaintiff received a decision to seize and collect the claim amounting to KRW 634,464,855 against the Defendant’s wage claim (hereinafter “instant wage claim”) based on the original executory payment order issued by Suwon District Court Decision 2016TTT10, May 4, 2016 (hereinafter “instant seizure and collection order”), and the said decision was served on the Defendant on May 11, 2016.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including the number of each branch; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the judgment on the cause of the claim, the above facts are examined. The defendant bears the duty to pay 634,464,855 won, which is the claim amount, to the plaintiff according to the seizure and collection order in this case.

3. Judgment on the defendant's assertion

A. The Defendant alleged that he had been served with a separate claim attachment and collection order concerning the instant benefit claim before being served with a collection order, and deposited the instant benefit claim pursuant to Article 248(1) of the Civil Execution Act, thereby extinguishing the benefit claim subject to the instant seizure and collection order.

B. In a case where an order of seizure is issued again in excess of the remainder after a part of a claim was seized, each of the claims under the condition of concurrent seizure shall affect the whole amount of the claim. This does not change with the continuous import claim, but with respect to a continuous import claim.

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