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(영문) 서울중앙지방법원 2017.11.16 2016가단60974
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In order to preserve the claim against B and C, the Plaintiff asserted that: (a) as to KRW 312,082,191 of the wage and retirement allowance claims against B and C against the Defendant as the garnishee, the Defendant was served on the Defendant on December 15, 2015 by the Seoul Central District Court 2015TTT26574; and (b) thus, the said decision was served on the Defendant on December 15, 2015, the Defendant is obliged to pay KRW 50,000,000, out of the amount seized as above.

2. The reasoning of the judgment is insufficient to acknowledge the existence of the wage and retirement allowance claims against the Defendant in B and C solely by the descriptions of evidence Nos. 1 through 3, and there is no other evidence. Thus, even if the Plaintiff received a claim seizure and collection order against the Defendant in relation to the claim against the Defendant in B and C by designating the Defendant as the garnishee, and the order was served to the Defendant upon the receipt of the above order, such claim seizure and collection order shall be null and void.

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

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