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(영문) 서울고등법원 2015.01.30 2013나67220
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

The defendant's Suwon District Court's Sung-nam branch for the plaintiff.

Reasons

1. The basic facts;

2. The reasons for this part of the parties’ assertion are as follows: (a) the second part of the second part of the judgment of the court of first instance cited “This Court” in the second part as “Sawon District Court Branch support”, in addition to the corresponding parts of the reasons for the judgment of the court of first instance as stated; and (b) thus, it is acceptable in accordance with the main sentence of Article

3. Determination

A. As to the Defendant’s assertion that there was no management authority:

B. As to the assertion that the Defendant claims excessive service costs, the reasons for this part are as follows: (a) the Defendant’s “Defendant” under the first sentence of Table 1 of Table 5 of the judgment of the court of first instance to “the Defendant” to “the Defendant”; and (b) the Defendant’s “Defendant” under the third sentence to “Defendant” are as stated in each corresponding part of the reasoning of the judgment of the court of first instance; and (c) thus, they are cited by the main sentence

C. 1) The Defendant, based on the instant payment order, applied for a seizure and collection order against the Plaintiff’s deposit claims against the Plaintiff’s bank based on the instant payment order, and received a seizure and collection order of the claim under the Sungwon District Court Sung-nam Branch Branch 2009TT9720, and collected KRW 50,58,845 around September 30, 2009.

B) On June 4, 2010, upon the instant payment order, the Defendant applied for a seizure and collection order against the Plaintiff’s deposit claims against the Plaintiff’s bank and the National Agricultural Cooperative Federation, and received a seizure and collection order of the claim under the Sungwon District Court Branch Branch Branch 2010TTT 6588. Accordingly, Korea Bank and the National Agricultural Cooperative Federation deposited the execution of the Plaintiff’s obligation to the Plaintiff. The Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch branch deposited the distribution order of KRW 40,408,773 and KRW 12,961,438, the sum of KRW 53,370,211, based on the instant payment order. (c) On March 15, 2012, the Defendant drafted a distribution schedule to the Defendant, who is the collection authority on September 10, 2010, who distributes the Plaintiff’s obligation to the Plaintiff.

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