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(영문) 대구고등법원 2018.04.11 2017나24466
추심금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. On February 18, 2014, the Plaintiff: (a) filed an application with B for provisional attachment against the Defendant for “the amount of money up to the claim amount of KRW 420,578,425, out of the amount of the claim for the return of the price of the goods to be paid by B to the Defendant after processing and supplying the automobile parts, etc. to the Defendant; (b) obtained a decision of provisional attachment (hereinafter “decision of provisional attachment”); and (c) on February 21, 2014, the provisional attachment was delivered to the Defendant, a debtor, who is the debtor, on February 21, 2014; (d) the amount of the claim for indication of the claim for provisional attachment: 420,578,425 won: Resident registration number B (A): the debtor, who supplied the automobile parts to the third party debtor and received the claim amount from the third party debtor until the amount of the claim for the return is paid.

B. On January 15, 2016, the Plaintiff filed a lawsuit against B for the payment of goods with the Seogu District Court Branch 2014Gahap131 (Counterclaim 2014Gahap1585). On January 15, 2016, the said court rendered a judgment in favor of the Plaintiff that “B shall pay to the Plaintiff 600,608,275 won, and interest calculated at the rate of 15% per annum from June 1, 2013 to February 5, 2016, 6% per annum, and 15% per annum from the next day to the date of full payment.”

C. According to the above judgment, the Plaintiff: (a) decided to seize the instant claim; (b) the obligor B and the Defendant as the garnishee; and (c) applied for a seizure and collection order stating that “The provisional seizure against KRW 420,578,425 of the instant claim shall be transferred to the original seizure; and (d) the remainder of KRW 286,415,936 shall be seized; and (e) the said court accepted the said application on March 18, 2016 and rendered a decision on the seizure and collection order (hereinafter “decision on the seizure and collection order of the instant claim”).

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