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(영문) 대구지방법원 2019.05.24 2018가합205340
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 6, 2018, the Plaintiff’s claim against C (hereinafter “C”) filed a payment order with C (hereinafter “C”), stating that “C shall pay to the Plaintiff KRW 94,581,137 and any delay delay damages therefrom,” and the payment order was finalized on April 18, 2018.

B. On May 8, 2018, the Plaintiff issued a collection order on May 8, 2018

In relation to C’s claim for proceeds from sale in lots against C as its executive title, the claim based on the payment order stated in the Paragraph was issued with the seizure and collection order (Tgu District Court 2018TTTT 6816), and the seizure and collection order was served on May 28, 2018 to the Defendant.

C. After the lapse of the pertinent litigation between the Defendant and C, C filed a lawsuit against the Defendant, etc. seeking KRW 5,363,766,197 of the sales revenue under the sales agency contract (Tgu District Court 2015Gahap3154, hereinafter “instant litigation”).

The Defendant did not specifically dispute C’s claim. Accordingly, on October 28, 2016, the said court rendered a judgment that cited the entire claim part of C’s claim against the Defendant (hereinafter “instant judgment”).

(2) After that, C submitted a written withdrawal of the lawsuit to the Defendant on November 18, 2016, which became final and conclusive as of December 6, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 7, 9, Eul evidence Nos. 1, 6, Eul evidence Nos. 22, 23 and 24, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. After the pronouncement of the relevant judgment of the Plaintiff’s assertion, C agreed to collect KRW 450,00,000 from the Defendant in lieu of withdrawing the part against the Defendant in the instant lawsuit, instead of withdrawing the part against the Defendant.

Therefore, the defendant shall pay C the proceeds of sale to C according to the above agreement 450,000.

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