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(영문) 서울북부지방법원 2016.12.08 2016가합24059
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 holds a claim based on the Seoul Central District Court 2013Gahap38454 (hereinafter “B”) (as of June 10, 2015, totaling KRW 400,000,000 as of June 10, 2015, totaling KRW 110,054,794, including the principal amount, KRW 400,000, and delay damages, etc.) with respect to the Plaintiff Company B (hereinafter “instant claim”).

B. Based on KRW 200,000,000 among the instant claims, the Plaintiff filed an application for the attachment and assignment order of the claim against B’s third obligor C (Seoul High Court Decision 2014Na2051280) with the Seoul Central District Court 2015TT1430, and received the decision of acceptance on June 25, 2015.

C. Afterward, the Plaintiff filed an application with the Seoul East Eastern District Court for a decision of acceptance on the collection of damages and the collection order against B’s garnishee’s claim against B under the Seoul Eastern District Court Decision 201,371,464 won [20% per annum from June 11, 2015 to May 31, 2016] 60,316,670 won for delay damages (20% per annum from June 11, 2015 to June 31, 2016] 370,371,464 won for the collection order under the Seoul Eastern District Court Decision 201,53582, as to the claim against B’s garnishee for damages under Article 39(1) of the Commercial Act (a violation of Article 399(1) of the Commercial Act) and as to the collection order.

(hereinafter “instant collection order”). D.

On the other hand, B had a claim amounting to KRW 12,269,089,602 against the network D, and a claim amounting to KRW 15% per annum from August 16, 2014 to the date of full payment. B, on July 29, 2013, filed a lawsuit claiming inheritance debts against E, who is the heir of the network D, and received inheritance debts within the scope of qualified acceptance on February 16, 2016.

On the other hand, in the related civil procedure, B withdrawn the lawsuit against F, G, and H (hereinafter “F, etc.”) on October 20, 2014 on the ground of the renunciation of inheritance (Seoul Family Court Decision 2013Du7434, Dec. 15, 2013).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10, Eul evidence 1 to 7 (including the number of pages).

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