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(영문) 울산지방법원 2021.01.14 2020가합11502
추심금
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. In the case of divorce, etc. brought by the Defendant against C by the Ulsan Family Court 2018 Ddan 20620, the above court shall divorce against C on October 25, 2018.

The Defendant made a decision to recommend settlement (hereinafter “decision on the recommendation for settlement in this case”) to the effect that KRW 700 million shall be paid to C in the course of the division of property, and that KRW 200 million shall be paid by October 26, 2018, and the remainder of KRW 500 million shall be paid by December 30, 2019,” and the decision on the recommendation for settlement in this case was finalized on November 16, 2018.

B. On June 26, 2019, the Plaintiff: (a) issued a provisional attachment order regarding the amount of the claim up to the above amount among the claim amount among the claim amount of the property split-off claim that C has against the Defendant, the amount of which is KRW 280,000,000, as the Ulsan District Court 2019KaMa13489, U.S. District Court (hereinafter “the provisional attachment order of this case”); and (b) the provisional attachment order of this case was served on the Defendant around that time.

(c)

On February 26, 2020, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) from the above court as to the claims indicated in the attachment and collection order against the Defendant in the Ulsan District Court 2020, which transferred the provisional attachment No. 102485 to the original attachment. The Plaintiff served on March 3, 2020 the Defendant the seizure and collection order of the instant case.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff received the instant seizure and collection order as to the claim for division of the property that C had against the Defendant according to the final and conclusive decision on the recommendation for reconciliation of this case.

Therefore, the defendant is obligated to pay the collection amount of KRW 328,680,000 to the plaintiff as the collection obligee and the delayed damages.

3. We examine ex officio the legality of the instant lawsuit.

A final and conclusive recommendation for compromise shall have the same effect as a judicial compromise, and a judicial compromise shall be the same as a final and conclusive judgment.

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