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(영문) 의정부지방법원 2016.09.29 2015나54906
추심금
Text

1. The plaintiff's appeal and the defendant's claim against the defendant in the trial court are dismissed, respectively.

2. Costs of appeal; and

Reasons

1. Presumed facts

A. The Plaintiff, based on the No. 2013, 4466 of the certificate of the North Korean Joint Law Office, filed a claim attachment and collection order with a notary public stating that “The amount until the time is 50,000,000 won out of the amount of supply of food materials, etc. owned by the obligor C against the Defendant of a third party obligor and the amount of profits from the operation of the restaurant,” which was based on the No. 2014, 2012 of the certificate of the notarial deed with the law firm North Korean Joint Law Office, was the same as that of the above court.

On April 28, 2014, the above ruling was served on the Defendant.

B. Since then, the Plaintiff, based on the same notarial deed, filed an additional application for a seizure and collection order stating the amount of KRW 40,000,000,000, out of the amount of supply of food materials, etc. and the amount of profits from restaurant operation that the obligor C owns against the Defendant of the third obligor, and received a decision to accept it from the above court on July 8, 2014 (hereinafter “instant seizure and collection order”).

The above ruling was served on July 11, 2014 on the Defendant.

C. Meanwhile, the Plaintiff is a person who received KRW 76,753,404 in total on four occasions from August 21, 2014 to October 31, 2014 as the collection money from the Defendant for each of the above claims seizure and collection orders.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 (including each number, if any) and the purport of the whole pleadings

2. Determination as to the claim against the defendant

A. The plaintiff's assertion is filed with the plaintiff with the remainder of 13,246,596 won (=40,000,000 - 26,753,404 won) obtained by deducting the amount of money paid by the plaintiff from the amount of claim for the seizure and collection order of this case from the amount of claim for the seizure and collection order of this case and damages for delay.

B. First of all, judgment on the cause of the claim, food materials to C, which is the claim for the seizure and collection order of the instant claim.

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