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1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.
2. Ansan Branch of the Suwon District Court;
Reasons
1. The following facts are acknowledged in light of the purport of the entire pleadings as to the statement in Gap evidence No. 1.
A. On September 6, 2012, the Defendant (former: Co., Ltd.) received a favorable judgment (hereinafter “related judgment”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 5,500,000 and the amount calculated at the rate of KRW 20% per annum from September 7, 2012 to the date of full payment” from the said court, which became final and conclusive.
B. On November 24, 2014, the Defendant: (a) filed an application with the Seoul Central District Court for the seizure and collection order of the claim with the Plaintiff as the obligor, D, Industrial Bank of Korea, and E as the garnishee; and (b) received the same decision from the above court on August 26, 2014; and (c) filed an application with the Seoul Central District Court for the seizure and collection order of the claim with the obligor, F, and G Co., Ltd (hereinafter “G”) as the garnishee under the Seoul Central District Court 2014TT3299; and (c) received the said decision from the above court on November 24, 2014 (hereinafter “instant seizure and collection order”); and (c) obtained the Plaintiff as the obligor, H, I, J, J and K Co., Ltd. as the garnishee, and received the said order from the Seoul Central District Court under the Seoul Central District Court 2014TTTTA as the obligor, 2014 and 3).
2. The assertion and judgment
A. On January 24, 2015, the Plaintiff’s gist of the Plaintiff’s assertion: (a) caused an automobile accident to occur; (b) sought insurance proceeds from G; and (c) confirmed from G that the payment of insurance proceeds is impossible due to the instant claim attachment and collection order.
Accordingly, the Plaintiff is 5,500,000 won out of the amount of debt according to the relevant judgment between L Co., Ltd. (hereinafter “L”) to which the Defendant was delegated to collect.