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(영문) 서울중앙지방법원 2017.12.21 2017가단5059082
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 May 23, 2016, the Plaintiff received a decision on provisional attachment of claims (hereinafter referred to as “provisional attachment of claims”) that is KRW 200 million (total KRW 500 million or the remaining KRW 300 million is against Na Media Co., Ltd., a co-third debtor), the garnishee, the Defendant, the claim amount, and the claim amount to be provisionally attached, respectively, as Seoul Central District Court 2016Kadan804575.

On the other hand, on May 3, 2016, bucks Co., Ltd. received the decision of provisional seizure of claims with the amount of KRW 405,69, the debtor company and the third debtor as the defendant on May 3, 2016.

B. In the instant provisional attachment procedure, the Defendant submitted to the said court June 16, 2016 the statement of the garnishee (hereinafter referred to as the “instant statement”) indicating “not” to question whether or not the said court received a demand notice of the garnishee’s statement from the said court and “a claim against the Defendant of the company other than the lawsuit (the claim against the Defendant of the company other than the lawsuit)”.

C. On June 29, 2016, the Plaintiff was issued a payment order with the purport that “Nonindicted Company shall pay to the Plaintiff KRW 1,116,66,622 and delay damages” in Seoul Central District Court Decision 2016 tea 17949, and the said payment order is issued for the same year.

7. It was finalized on 19.4

On November 14, 2016, based on the original of the above order for payment with executory power, the plaintiff was the non-party company, the third debtor, the defendant, the claim amount of KRW 816,66,622 (the amount of KRW 300 million paid from the non-party company after the above order for payment was reduced to the principal of the payment order) of the debtor company, the non-party company, the defendant, the claim amount of KRW 816,66,622 (the amount of KRW 300 million was reduced to the principal of the payment order after the above order for payment was paid from the non-party company), the non-party company is currently against the defendant, and the amount of the above claim is the amount until the above claim is made out of the advertisement fees, media fees, etc., which will be held in the future, and the provisional seizure of this case shall be transferred to the original seizure, and the remaining amount of KRW 616,66,622,

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