(영문) 서울중앙지방법원 2019.09.27 2017가단43761

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(영문) 서울중앙지방법원 2019.09.27 2017가단43761

추심금

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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 13, 2015, Nonparty C received a claim attachment and collection order under Seoul Eastern District Court 2015TTT2015TT2478 (hereinafter “instant collection order”) with respect to “the amount until it reaches KRW 64,02,124 out of the claim amount for the construction cost of H construction work in Mapo-gu Seoul Metropolitan Government E and F that D received from the Defendant, and the Defendant as the third party obligor based on an executory payment order in the loan payment order case. Nonparty C received the claim attachment and collection order under the Seoul Eastern District Court 2015TT2478 (hereinafter “instant first attachment and collection order”). The first attachment and collection order in this case were served to the Defendant around that time.

B. Meanwhile, the Plaintiff, based on the executory exemplification of the judgment on the case, such as the revocation of fraudulent act, etc., by the Seoul Southern District Court 2016Gadan19132, against C, was issued a seizure and collection order (hereinafter “instant seizure and collection order”) on April 11, 2017, with respect to “the amount up to KRW 63,751,059 out of the above collection amount to be paid by C to C according to the case of the collection order and seizure and collection order against the Defendant,” and the Defendant was served on the Defendant on April 14, 2017.

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

2. The gist of the Plaintiff’s assertion was confirmed by C to have the claim for acquisition price of KRW 63,751,059 against the Defendant, and then C received the attachment and collection order of KRW 63,751,059 against C regarding the claim for acquisition price of KRW 63,751,059 against the Defendant. The second attachment and collection order of the instant case was served on the Defendant on April 14, 2017.

Therefore, the defendant is obligated to pay to the plaintiff 63,751,059 won and damages for delay.

3. Determination as to the cause of action

A. Relevant legal principles.

유사 판례

-서울중앙지방법원 2018.12.18 2018가합564620

-서울중앙지방법원 2016.02.15 2015가합22323

-부산지방법원 2020.05.15 2019나64624

-부산지방법원동부지원 2019.12.12 2018가합908

-서울동부지방법원 2016.05.13 2015나20683