(영문) 대구지방법원서부지원 2017.09.21 2017가합50847

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(영문) 대구지방법원서부지원 2017.09.21 2017가합50847

추심금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 18, 2014, the Plaintiff: (a) filed an application for provisional attachment on a claim corresponding to “B (A)’s claim for the return of the price for the goods to be paid by B (C) processed and supplied the automobile parts, etc. to the Defendant and received from the Defendant (hereinafter “instant claim”) with the Defendant as “A”; and (b) obtained a decision of acceptance (hereinafter “decision of provisional attachment of this case”); and (c) on February 21, 2014, the said decision of provisional attachment was served on the Defendant, the garnishee, who was the Defendant on February 21, 2014.

B. On January 15, 2016, the Plaintiff filed a lawsuit against B seeking the purchase of goods as the Seogu District Court Branch Branch 2014Gahap131, and the said court rendered a judgment in favor of the Plaintiff that “B shall pay to the Plaintiff the amount of KRW 600,608,275, and the amount of 6% per annum from June 1, 2013 to February 5, 2016, and 15% per annum from the next day to the date of full payment.”

C. According to the above judgment, the Plaintiff: (a) decided to seize the instant claim; (b) the obligor B and the Defendant as the garnishee; and (c) requested a seizure and collection order stating that “The provisional seizure against KRW 420,578,425 of the instant claim shall be transferred to the original seizure; and (d) the remainder of KRW 286,415,936 shall be seized; and (e) the said court accepted the said application on March 18, 2016 and issued a seizure and collection order (hereinafter “instant claim seizure and collection order”); and (b) the said decision was served on the Defendant, the garnishee, as the Defendant, on March 23, 2016.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff alleged by the parties concerned is the defendant, the third debtor, according to the collection order and seizure of the claim in this case.

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