logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.11.06 2015가단29401
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumption

A. The Plaintiff filed a lawsuit against B with the Daegu District Court No. 2014Kadan28845 (A) due to the death of B) C, seeking the performance of the obligation to repay the borrowed amount inherited by B, and the said judgment was rendered in favor of the Plaintiff in the lawsuit above, and the said judgment became final and conclusive.

B. On January 13, 2015, based on the original copy of the above judgment with executory power, the Plaintiff received a claim attachment and collection order (hereinafter “instant claim attachment and collection order”) against the claims indicated in the separate sheet as indicated in the separate sheet from the 2015TT183 branch court of the Daegu District Court. On January 16, 2015, the Plaintiff was served on the Defendant on January 16, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 5 evidence, purport of the whole pleadings

2. The gist of the plaintiff's assertion is that the defendant is obliged to pay the collection amount of KRW 23,300,000 to the plaintiff who is the collection right holder in accordance with the collection order and the seizure and collection order of the case.

3. According to Article 246(1)7 of the Civil Execution Act, Article 6(1)1 and 3(1) of the Enforcement Decree of the Civil Execution Act, Article 246(1)7 of the Civil Execution Act, Article 6(1)1 and 3(a) of the Enforcement Decree of the Civil Execution Act provides that ① insurance money not exceeding KRW 10 million out of death insurance money, ② refund money arising from the exercise of the termination right by a creditor subject to a collection order is prohibited from seizure.

Based on these legal principles and factual relations, in this case, whether B had a claim for death benefit exceeding KRW 10,000 against the Defendant upon the death of the Defendant in this case, there is no evidence to acknowledge this fact, and there is no other evidence to acknowledge the existence of the claim in the attached list attached by the seizure and collection order of this case.

4. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

arrow