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(영문) 서울남부지방법원 2017.11.08 2017가단17102
청구이의 및 배당이의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. In order to preserve the claim amount of KRW 12,180,870 against E, the Plaintiff filed an application for provisional seizure of claims with the Seoul Southern District Court 2015Kadan5049 and deposited KRW 12,182,572 with the Seoul Southern District Court 2015Kadan49 on October 8, 2015 for the provisional seizure of claims against the claim amount of KRW 12,182,572 with the debtor E and the third debtor as the Republic of Korea.

(hereinafter referred to as “instant deposit”). B.

(1) Defendant B, who was employed by Defendant B, worked on May 17, 2010 through June 4, 2010 at the construction site of the I Multi-Family Housing Building in Boan City, but did not receive wage of KRW 1,290,320, and filed a wage lawsuit against E under the Suwon District Court’s Ansan-Support 201Gau921, and the said court rendered a decision of performance recommendation ordering payment of the above wage and delay damages on September 26, 201, and the said decision of performance recommendation became final and conclusive on October 15, 2011.

(2) Based on the final decision on performance recommendation, Defendant B filed an application with the Seoul Southern District Court for a seizure and collection order regarding the claim for payment of deposit money deposited in the instant case with the Republic of Korea as the amount claimed by the Seoul Southern District Court 2017TTTT1816, and the obligor E and the third obligor were the Republic of Korea. On February 10, 2017, Defendant B received a seizure and collection order from the above court.

C. (1) On October 13, 2015, J filed a claim for damages against E by filing a lawsuit against the Seoul Southern District Court Decision 2015Da30606, and rendered a favorable judgment from the above court that “E shall pay 10,142,000 won to J and 5% per annum from August 30, 201 to September 22, 2015, and 15% per annum from the next day to September 22, 2015.” Although E appealed appealed, the said judgment (hereinafter “instant judgment”) became final and conclusive as it was, since it was ordered to withdraw an appeal on February 14, 2017.

(2) Meanwhile, on the other hand.

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