(영문) 서울동부지방법원 2017.01.20 2016나24026

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(영문) 서울동부지방법원 2017.01.20 2016나24026

추심금

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1. Of the judgment of the court of first instance, the part against Defendant B is revoked, and the plaintiff against Defendant B.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit claiming the collection amount against Defendant B Co., Ltd. (hereinafter “B”), and the Seoul Eastern District Court rendered a judgment dismissing the Plaintiff’s claim on September 5, 2013 in Seoul Eastern District Court Decision 2013Da16351.

In Seoul Eastern District Court 2013Na9309, the above court rendered a judgment on August 20, 2014 that "Defendant B shall pay to the Plaintiff 5,310,787 won and interest calculated at the rate of 5% per annum from April 9, 2013 to August 20, 2014, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive around that time.

B. The Plaintiff, based on the above judgment as the executive title, received a seizure and collection order regarding the claim amount as KRW 6,689,409. The Plaintiff received a seizure and collection order as to the claim to return the lease deposit as to Defendant B, among the real estate stated in the attached list owned by Defendant C and D.

(Seoul Eastern District Court 2015TTTT 11230). The above seizure and collection order (hereinafter “instant collection order”) were served on August 12, 2015 on the Defendant C, and on August 11, 2015, respectively on August 11, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 10-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Defendant C and D’s claim against Defendant C and D are subject to the seizure and collection order of the instant claim. At the same time, Defendant C and D are obliged to pay the Plaintiff the amount of KRW 6,689,409, and the amount calculated by the rate of 15% per annum from the day following the delivery date to the day of complete payment. 2) The Plaintiff’s claim against Defendant B against Defendant C and D in subrogation of Defendant C and D in order to preserve the claim for the collection of the amount of the deposit against Defendant C and D.

Defendant B is obligated to deliver the instant real estate to Defendant C and D.

B. The plaintiff.

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