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Reasons
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(영문) 인천지방법원 2018.11.16 2018나1056
추심금
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1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On July 7, 2016, C entered into a contract with the Defendant for transfer or acquisition of the contents that transfer all of the business of Scart, including the right of lease, to the Defendant at KRW 220,000,000 (hereinafter “instant transfer or acquisition”). Accordingly, the Defendant acquired the business of Dcart and completed business registration on July 12, 2016.

B. On August 24, 2016, the Plaintiff, as a creditor against C, received a decision of provisional seizure of claim amounting to KRW 20,000,000 out of the transfer price of the instant case against C as the debtor, the Defendant as the garnishee, and the Defendant as the third obligor, and the said decision was served on the Defendant on August 26, 2016.

C. After that, according to the Daejeon District Court Decision 2016Da66166 decided May 12, 2017 (former Decision), the Plaintiff was issued a seizure and collection order stating that “A, on June 2, 2017, as the Daejeon District Court 2017TT No. 2017TT659, the Defendant was the garnishee, and the Defendant was the garnishee, and the amount of KRW 20,000,00, which was provisionally seized by the provisional seizure order of claim No. 2016Kadan3312 between the Plaintiff and C, shall be transferred to the provisional seizure, and the remainder of KRW 1,545,821 shall be seized.” The above decision was served on the Defendant on June 8, 2017.

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 1 and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the collection amount of KRW 21,545,821 and the damages for delay, unless there are special circumstances.

B. As to the Defendant’s assertion, the Defendant asserts that: (a) the Defendant paid KRW 100,000,000 on July 7, 2016; (b) KRW 100,000,000 on July 8, 2016; and (c) KRW 100,000,000 on July 12, 2016 to each C, and paid all the transfer and acquisition proceeds of this case.

The following circumstances, i.e., the evidence mentioned above and the purport of the entire pleadings, are considered as a whole.

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