logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.04 2018가단5192504
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 11, 2016, the Plaintiff filed a lawsuit against C with the Seoul Central District Court (Seoul Central District Court Decision 2016Da16649, Aug. 29, 2017, the Plaintiff was sentenced to a favorable judgment (hereinafter “instant judgment”) that “C shall pay to the Plaintiff 67,870,080 won and interest calculated at the rate of 15% per annum from March 9, 2016 to the date of full payment.”

Accordingly, C appealed as Seoul Central District Court 2017Na74506, but was sentenced to the dismissal of appeal on May 9, 2018, and again appealed as the Supreme Court rendered a final judgment, but the instant judgment became final and conclusive on July 31, 2018.

B. On February 11, 2016, the Plaintiff filed an application for provisional attachment of the claim with respect to the claim, such as sales commission (including allowances) held by C against the Defendant as the debtor, the Defendant as the garnishee, and the claim amount of KRW 95 million with the Seoul Central District Court 2016Kadan32548, and filed an application for provisional attachment of the claim on March 10, 2016 for provisional attachment of the claim (hereinafter “instant provisional attachment”).

(2) On November 23, 2017, the Plaintiff requested the Seoul Central District Court 2017TTT20181 to order the seizure and collection of the instant provisional seizure on November 20, 2017 and received the claim to transfer the said provisional seizure on KRW 85,079,329, out of the amount of KRW 95 million of the instant provisional seizure on November 20, 2017. The above collection order was served on the Defendant on November 23, 2017.

3. On November 29, 2017, the Defendant submitted a written statement of the garnishee to the effect that, after receiving the instant collection order on November 29, 2017, the Defendant has a claim for loans of KRW 120 million to be recovered from C, and that the Defendant has no obligation to pay to C.

C. On December 8, 2015, the corporation corporation and the agent of C is succeeded to C.

arrow