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(영문) 서울중앙지방법원 2018.06.07 2017가단98419
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from December 7, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On August 2, 2013, the Plaintiff, as the Incheon District Court Decision 2013Kadan11688, issued a provisional attachment order on the amount of KRW 100 million against the Defendant’s wage and retirement allowance claims (excluding claims prohibiting seizure under the Civil Execution Act) against B, the Defendant, as the garnishee, within the scope of KRW 100 million. The said provisional attachment order was served on the Defendant on August 16, 2013.

B. After that, based on the final judgment of Incheon District Court 2013Gahap17649, the Plaintiff transferred KRW 100 million based on the provisional seizure order of the above claim to the Incheon District Court 2013T on January 6, 2014, to the seizure order of the above claim, and received a new seizure and collection order of KRW 170,339,724 (hereinafter “instant seizure and collection order”). The instant seizure and collection order of KRW 170,39,724 was served to the Defendant on January 9, 2014.

C. Since then, as the Incheon District Court 2015da10077, the foregoing court rendered a decision to suspend the procedure of the seizure and collection order of this case until March 12, 2015, and decided to commence rehabilitation proceedings on February 15, 2017.

However, on June 14, 2017, prior to the authorization of the repayment plan, the above court rendered a decision to discontinue the individual rehabilitation procedure on the grounds that B submitted a false list of creditors, and the above decision was finalized on July 1, 2017.

As the Seoul Rehabilitation Court 2017da1038088, B filed an application for individual rehabilitation again. On September 11, 2017, the above court decided to suspend the procedure of the seizure and collection order until the decision on the above application case was made, but decided to commence the rehabilitation procedure on October 20, 2017, and subsequently, decided to authorize the repayment plan on April 3, 2018.

E. Meanwhile, according to the foregoing provisional attachment determination and the collection order from September 2013 to April 2014, the Defendant deposited KRW 13,821,260 among the benefits of April 201 to April 2014 in the court, and from May 2014 to March 2015.

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