logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.11.30 2017가단501745
기타(금전)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On May 1, 2017, Echio Korea Co., Ltd. received a claim attachment and collection order as to the money until it reaches KRW 76,942,698 from among the claims related to the instant lawsuit (including appeal, conciliation, and reconciliation cases based on this case) that the Plaintiff had against the Defendant by the ruling of the Gwangju District Court 2017TTTT 33187, and the above ruling was served on the Defendant around that time.

[Ground of recognition] The fact that there is no dispute, Eul 6, and the purport of the whole pleading

2. If there exists a seizure and collection order concerning the claim on the market, only the collection creditor may institute a lawsuit for performance against the garnishee, and the debtor shall lose the standing to institute a lawsuit for performance against the seized claim;

(Supreme Court Decision 2016Da27504 Decided November 24, 2016). According to the above facts, the entire claim under the substantive law, which is the subject matter of the instant lawsuit, is subject to the seizure and collection order, and thus, the Plaintiff lost its standing to file the instant claim against the Defendant.

3. The instant lawsuit is unlawful according to the conclusion.

arrow