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(영문) 서울중앙지방법원 2016.05.04 2015가단5081283
추심금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim and collection order 1) The Plaintiff Company A (hereinafter “A”)

2) On October 6, 2014, the Plaintiff filed a lawsuit claiming the return of loan (Seoul Central District Court 2014da5134081) against and B, and was sentenced to a judgment in the attached Form by the said court (hereinafter “instant judgment”).

(2) On December 24, 2013, the Plaintiff received a decision on provisional seizure of claims (Seoul Central District Court 2013Kadan801866) with respect to a claim against the Defendant, such as insurance money, etc., as KRW 60 million, and served the Defendant on December 27, 2013.

3) On December 5, 2014, the Plaintiff received a collection order for the seizure and collection (Seoul Central District Court 2014TTT 34328) of the claim amounting to KRW 60,000,000 and served on December 10, 2014 on which the decision was served on the Defendant. B. A’s seizure and collection order 1) on April 12, 2012, and the maturity beneficiary A subscribed to the Defendant’s smart five savings insurance.

2) On February 12, 2014, C received a claim for payment, such as insurance money, etc., that A holds against the Defendant from the Defendant and served on February 18, 2014, upon the issuance of a seizure and collection order (2014 other bond 765), and on February 18, 2014, the above order was served on the Defendant. C also served on the Defendant with a demand for the seizure and collection of claims, upon filing a request for the demand for statement based on Article 237(1) of the Civil Execution Act. The Defendant did not submit a written statement as to the demand for statement. 3) The Defendant terminated the insurance contract on March 5, 2014 on the ground of C’s order for seizure and collection of claims, and paid KRW 7,79,904 out of the cancellation refund to C.

(hereinafter referred to as “instant claim”). (4) The Central Corporation, Inc. (hereinafter referred to as the “Central Corporation”), Inc. (hereinafter referred to as “Central Corporation”) shall refund claims against the Defendant.

On April 2, 2014, the collection order for the seizure and collection of the claim (2014TTT2158 Won of the Pyeongtaek District Court) was issued and delivered to the Defendant on April 7, 2014.

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