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(영문) 서울동부지방법원 2018.02.22 2017가단13022
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff received a seizure and collection order (Seoul Eastern District Court Order 2016TTTT 3989, Apr. 7, 2016; Supreme Court Order 2017TTT 2981, Mar. 27, 2017; Supreme Court Order 2017TTT 2981, Apr. 7, 2016) against part of the claims in custody against the Defendants. The fact that each of the claims is seized and the collection order is served on the Defendants and confirmed does not conflict between the parties.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion D, in collusion with the Defendants in order to evade the Plaintiff’s obligations, deducted the Defendants from their properties.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff, the collection obligee, KRW 200,000,000 and damages for delay.

B. The descriptions of Gap 1 and 3 alone are insufficient to recognize that Eul, in collusion with the defendants in order to evade the plaintiff's compulsory execution, transferred its own property in the name of the defendants, and there is no other evidence to acknowledge otherwise.

Therefore, without having to further examine whether D has a claim for return of unjust enrichment against the Defendants, and whether the collection amount the Plaintiff sought is appropriate, the Plaintiff’s claim is without merit.

3. If so, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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