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(영문) 서울중앙지방법원 2016.03.09 2015가단3271
추심금
Text

1. The Plaintiff, Defendant B, and Defendant C, D, and E, respectively, KRW 6,856,160, and Defendant F, KRW 2,795,200 and each of the said money.

Reasons

Judgment on the Grounds of Claim

A. The Plaintiff, without dispute, was issued a final and conclusive judgment on June 27, 2014 regarding the non-party G management body (hereinafter “management body of this case”)’s claim for wages claim against the non-party G management body (hereinafter “management body of this case”), and received the Seoul Central District Court’s 2013Kadan76265 decision on provisional seizure of claims against the Defendants of the management body as to KRW 24,754,098 on August 11, 2014, on which the provisional seizure of claims against the Defendants of the management body was rendered, and on August 6, 2014, the Plaintiff additionally seized KRW 1,356,6380 as the Seoul Central District Court 2014TT2047 (in the amount of claim for provisional seizure determination, the above provisional seizure was transferred to this attachment) and the above provisional seizure was all served on the Defendants on August 11, 2014.

CD E FB

B. The Defendants, barring special circumstances, are obligated to pay to the Plaintiff the amount of money written in the order for collection and damages for delay calculated at the rate of 15% per annum from March 7, 2015 to the date of full payment, as claimed by the Plaintiff, from March 7, 2015 to the date of final delivery of the copy of the instant complaint, as claimed by the Plaintiff.

2. The Defendants’ assertion against the Defendants is: (a) when each of the instant management body’s orders on provisional seizure of claims, such as H, I, and J, was served to the Defendants on or around December 1, 2015 regarding the management expenses claim against the Defendants; (b) the Defendants asserted that the management body would be deposited for execution under Article 248(1) of the Civil Execution Act on the grounds of competition with the collection order; (c) however, there is no evidence to acknowledge that the Defendants deposited the entire amount of the management body’s obligations to the management body; and (d) the Defendants’ assertion

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