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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산지방법원 2015.07.22 2014나17296
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. In light of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1, 2, and 3, the plaintiff obtained a collection order for the claim amounting to KRW 5,326,027 against the defendant's deposit claim (including the amount to be entered in the future) as the Busan District Court's 2008Gau184815, Sep. 14, 2009 with the title of execution of the original copy of the decision of recommending settlement with executory power in the case No. 2008Gau184815, the plaintiff received a collection order for the claim amounting to KRW 5,326,027 (hereinafter referred to as the collection order of this case) from around that time. The remaining amount of the defendant's deposit account at the time was approximately KRW 13,00,000, KRW 34,590, KRW 300 from around September 30, 2009 to around 301, respectively. 3014.

Therefore, barring special circumstances, the Defendant is obligated to pay KRW 1,00,000 to the Plaintiff out of the money deposited in the Defendant’s Defendant’s deposit account after the effect of the seizure collection order in this case.

2. Judgment on the defendant's assertion

A. On April 2, 2013, after the Defendant’s summary of the instant seizure collection order became effective, on April 2, 2013, after withdrawal of KRW 1,00,000 from the said deposit account, and the balance of the said account remains nearly. ① 1/2 out of KRW 34,590 deposited from the family school industry corporation on September 30, 2009 is the claim to be prohibited from seizure under Article 246(1)4 of the Civil Execution Act, and each KRW 300,000,000 deposited on October 30, 209 and March 24, 2010 is the claim to be prohibited from seizure under Article 246(1)2 of the Civil Execution Act, ② the Defendant’s deposit claim against the Defendant constitutes a debtor’s deposit under Article 246(1)2 of the Civil Execution Act for a period of up to 150,000 won as necessary.

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