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(영문) 대전지방법원천안지원 2014.12.17 2014가단15299
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 29,359,540 as well as 20% per annum from August 22, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff brought a lawsuit against the Defendant’s IntervenorDado Partnership Co., Ltd. (hereinafter “Defendant’s Intervenor”) with the Daejeon District Court Branch Decision 2013Gahap5018, which declared that “50,222,370 won and damages for delay shall be paid from the above court” was won in favor of the Defendant’s Intervenor’s Intervenor’s Intervenor’s case.

B. Based on the judgment of the above Paragraph A against the Defendant joining the Defendant, the Plaintiff applied for the attachment and collection order against the garnishee, who was the Defendant, for the attachment and collection order against the Defendant, and the original copy of the said decision was served on the Defendant under the Seoul Central District Court 2014TTT20376.

The defendant, as the third debtor, submitted to the above court a statement that the defendant's claim against the defendant in the defendant's defendant's intervenor 29,359,548 exists and the defendant wishes to pay it.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings, and the fact that there is no dispute

2. According to the above facts finding as to the claim, the defendant is obligated to pay the collection amount of KRW 29,359,540 and damages for delay to the plaintiff, unless there are special circumstances.

3. Judgment on the argument of the Intervenor joining the Defendant

A. Although the Plaintiff’s claim against the Defendant’s Intervenor was extinguished by the agreement on February 2, 2013 between the Plaintiff and the Defendant’s Intervenor and the Defendant’s Defendant’s reimbursement following the agreement, the Plaintiff concealed the claim and received a partial winning judgment by filing a lawsuit under the Daejeon District Court’s 2013Gahap5018, supra, which constitutes an anti-social legal act.

B. The absence or extinguishment of a judgment claim may be refused by the defendant, who is the garnishee, as a defense, in an appellate court or a suit of demurrer in the judgment that declared provisional execution, or in a lawsuit of demurrer in the same claim for collection amount as in this case.

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