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(영문) 의정부지방법원 2016.10.13 2015가단117325
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. On July 3, 2015, the Plaintiff was sentenced to the Seoul Southern District Court 2014Gahap1523 Decided July 3, 2015 that “Nonindicted Company shall pay to the Plaintiff 213,143,184 won and the amount equivalent to 5% per annum from October 1, 2013 to March 20, 2014, and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time.

B. According to the above judgment, the Plaintiff filed an application for a seizure and collection order on July 30, 2015 with respect to the claim against the third party debtor, which was received from the third party debtor when the debtor withdraws from the association, based on the dividend and circumstances that are paid by the debtor in accordance with the amount of his/her investment when settling accounts at the end of each year to the third party debtor, among the amount invested by the debtor to the third party debtor, for the seizure and collection order of the claim that was transferred to the provisional attachment on August 30, 2015, and the above decision was served on the defendant on August 3, 2015.

C. After filing the instant lawsuit through a lawsuit seeking revocation of fraudulent act, the Plaintiff recovered KRW 150,000,000 out of the claim for the payment of goods against the non-party company.

[Reasons for Recognition] Facts without partial dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion as to the cause of the claim secedes from the Defendant partnership in 2013. On December 31, 2012, the Defendant is obligated to pay 48,507,205 won, subtracting the amount of KRW 150,00,00 already paid out from KRW 198,50,205, which is the amount of the seizure collection of this case, and damages for delay, given that the non-party company’s claim as to the cause of the claim withdrawn from the Defendant partnership in 2013.

3. Determination A.

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