logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.06.26 2019가단25394
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 31, 2018, the Plaintiff filed a lawsuit for the claim for the purchase price of goods with the Suwon District Court 2018Da529765, and rendered a judgment that “the Defendant shall pay to the Plaintiff 32,66,220 won and the interest rate of 15% per annum from July 7, 2018 to the date of full payment”.

B. On December 21, 2018, the Plaintiff filed an application for a seizure and collection order with the Cheongju District Court No. 2018 Other 57321, Cheongju District Court to seize and collect KRW 35,081,50, out of the proceeds claim under a real estate development contract, real estate development, and cancellation of a sales contract with the Defendant, and the lease deposit against Cheongju District Court D, and the said court issued a seizure and collection order (hereinafter “instant claim seizure and collection order”).

On December 31, 2018, the collection order was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's argument-based LAC has monetary claims against the defendant. Since the plaintiff received the collection order of this case against the above monetary claims, the defendant is obligated to pay the collection money and the damages for delay to the plaintiff as the third debtor of the above order.

B. In a collection suit based on the judgment of the court and the collection order, the existence of the seized claim should be attested by the Plaintiff, a creditor (see, e.g., Supreme Court Decision 2013Da40476, Jun. 11, 2015). Around December 31, 2018, when the seizure and collection order of the instant claim reaches the Defendant, the Plaintiff shall have monetary claims asserted by the Plaintiff, such as: (a) profits claim under the real estate development contract against the Defendant; (b) real estate development; (c) a refund claim upon cancellation of a sale and purchase contract; and (d) a refund claim against the petitioner D at the time of Cheongju-si; and (c)

Therefore, it is true.

arrow