(영문) 청주지방법원영동지원 2020.01.17 2019가단1052

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(영문) 청주지방법원영동지원 2020.01.17 2019가단1052

추심금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. In Daejeon District Court Decision 2018Gadan21717, Daejeon District Court Decision 2018DaGa21717, “The Defendant shall pay C 50,219,977 won and the amount calculated by the rate of 5% per annum from July 28, 2018 to June 19, 2019, and 15% per annum from the following day to the day of full payment,” and the judgment became final and conclusive.

B. On May 15, 2019, the Plaintiff received a seizure and collection order (hereinafter “the seizure and collection order of the instant claim”) from the said court regarding the attached claim against C against the Defendant in the Daejeon District Court case of the seizure and collection order of the claim 2019TT 29. The decision was served on the Defendant on May 17, 2019.

[Ground of recognition] The facts without dispute, Gap evidence No. 1 and the purport of the whole pleadings. 2. The plaintiff's assertion was issued with the Daejeon District Court 2018Gadan21717 against the defendant, Daejeon District Court 2018Gadan21717, which issued a collection order for the claim of this case.

The defendant is obligated to pay to the plaintiff, a collection creditor, 50,219,977 won with 50% interest per annum from July 28, 2018 to June 19, 2019, and 15% interest per annum from the next day to the date of full payment.

3. Determination

A. We examine ex officio the legitimacy of the instant lawsuit.

B. A collection order, as a method of cashing a monetary claim, still remains as the creditor of the seized claim, is to enable the execution creditor to acquire the right to collect the seized claim on behalf of the debtor, and the collection creditor may voluntarily file a lawsuit against the third debtor who becomes the plaintiff or request a payment order against the third debtor, and where the debtor has already filed a lawsuit, he/she may participate as the successor, and where the debtor has an execution title, he/she may obtain the succession execution

Therefore, the debtor has rendered a final judgment against the third debtor.

유사 판례

-청주지방법원영동지원 2020.01.17 2019가단1052

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-대전지방법원 2018.05.09 2017가단13158

-대전지방법원천안지원 2019.01.16 2018가단101181