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(영문) 서울중앙지방법원 2015.07.03 2014가합564660
추심금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party) and the remaining designated parties.

Reasons

1. Whether the lawsuit of this case is legitimate

A. The Defendant’s main defense against the Defendant’s main defense seeking payment of KRW 100,00,100 out of the amount claimed by the appointed party based on the provisional seizure decision and the seizure and collection order, which the Defendant as the debtor and the Defendant as the garnishee, as part of the claim based on the provisional seizure decision and the seizure and collection order, the Defendant was entirely released. As such, the Plaintiff and the designated party lost the standing to institute the instant lawsuit, and the instant lawsuit asserted that it is unlawful.

B. Facts of recognition 1) Plaintiff (Appointed Party, hereinafter “Plaintiff”) is only the Plaintiff.

The designated parties and the designated parties are not limited to, on June 16, 2014, the Geumsung Special Co., Ltd. (hereinafter referred to as “gold Special Co., Ltd.”)

(2) On July 1, 2014, the Seoul Central District Court (Seoul Central District Court Decision 2014Da33632), filed an application with the Defendant for a payment order seeking the payment of the goods cost claim amounting to KRW 917,307,00 and the damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the application for the payment order. The above payment order became final and conclusive on July 16, 2014, the Plaintiff and the appointed parties filed an application for the payment order with the Defendant for the payment of the goods cost claim for the said gold transfer loan. The payment order was issued on July 1, 2014 as the preserved claim, and was served on the Defendant on July 4, 2014 as the provisional attachment order (Seoul Central District Court Decision 2014Kadan1530,000, out of the payment claim amounting to KRW 300,000,00.

3) On August 8, 2014, the Plaintiff and the designated parties transferred KRW 314,584,912, based on the original copy of the above provisional attachment order, to the original attachment by Seoul Central District Court 2014TTT2014TT21489, and received the attachment and collection order of the claims to be transferred to the original attachment. The above attachment and collection order was served on the Defendant on August 13, 2014, and the Plaintiff and the designated parties were served on May 21, 2015.

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