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(영문) 광주지방법원 2017.05.19 2016나5883
추심금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 5, 2010, the Plaintiff filed an application for provisional seizure of claims with the Gwangju District Court 2010Kahap399 as the obligor and the Defendant as the third obligor, and attached the claims to the third obligor on April 20, 2010. The third obligor shall not pay the above claims to the obligor. The above decision was delivered to the Defendant on April 22, 2010. (2) On November 30, 2010, the Plaintiff was not issued a provisional seizure order with the above claim amounting to KRW 31,00,000,000 to KRW 30,000,000,000,000 to KRW 30,000,000,000 to KRW 30,000,000,000,000 to KRW 30,000,000,000,000 to KRW 30,00,000,000.

(hereinafter “instant seizure and collection order”). B.

On the other hand, on the other hand, on April 5, 2010, the Plaintiff filed a lawsuit seeking the return of the said money on the ground that the Plaintiff invested KRW 130,000,000 on the condition that he/she received interest equivalent to 2% of the investment amount each month from July 14, 2009 against C, which was engaged in credit business with the trade name of E, and received a judgment in favor of the Plaintiff on November 12, 2010, “C pays KRW 130,000,000 to the Plaintiff.”

(Magju District Court 2010Gahap331). C, dissatisfied with this, appealed by the Gwangju High Court 2010Na6924, but the above appeal was dismissed on July 29, 2011, and thereafter on September 1, 201.

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