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(영문) 서울동부지방법원 2018.06.20 2017가단138891
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed an application with the Seoul Western District Court No. 2015 tea54103 for a payment order seeking reimbursement against B.

On September 1, 2015, the court ordered the Plaintiff to pay “B” the payment of KRW 21,464,730 and delay damages for KRW 19,971,952 and the expenses for demand procedure.

The above payment order was finalized as it is.

B. On June 29, 2015, based on the above payment order, the Plaintiff received a provisional attachment order against “the claim for the refund of liquidation money due to withdrawal, loss of qualification, and other reasons (hereinafter “instant claim”) against the Defendant by the Seoul Western District Court Decision 2015Kadan5129 (Seoul Western District Court Decision 2015Kadan5129).”

C. On September 25, 2017, the Plaintiff was issued a collection and attachment order by the Seoul Western District Court 2017TTTTT 56400, which transferred the provisional attachment to the provisional attachment, stating that “27,794,107 of the instant claims arising from the foregoing provisional attachment order shall be transferred to the provisional attachment, and the remainder of KRW 5,096,752 shall be seized, and the Plaintiff may collect the said seized claims.”

[Reasons for Recognition] Each entry of Gap 1 and 2 (including paper numbers), the purport of the whole pleadings

2. The Plaintiff’s determination as to the claim shall claim to the Defendant the amount of KRW 32,890,859 and damages for delay.

Comprehensively taking account of the overall purport of the arguments in Eul evidence Nos. 1 through 4 (including additional numbers), the claim amount of this case against the defendant is KRW 374,657,657,657, and the defendant can be found to have expired by offsetting the claim amount of this case by offsetting the claim amount of this case on an equal amount with the claim amount of indemnity by the defendant's subrogation of the collateral amount of KRW 427,486,412.

There is no reason for the Plaintiff’s claim for collection under the premise of the existence of the claim in this case.

3. The plaintiff's claim is dismissed.

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