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(영문) 서울중앙지방법원 2020.11.27 2018가단5155338
추심금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On June 21, 2018, the Plaintiffs were issued a collection order (Seoul Northern District Court 2017Kahap20382) with respect to the claims indicated in the attached list against the Defendant of the L Area Housing Association on the basis of the executory decision of the L Area Housing Association in Seoul Northern District Court 2017Kahap20382, and the claim amounting to KRW 94,111,60 with respect to the claims indicated in the attached list against the Defendant of the L Area Housing Association on the basis of the executory decision of the L Area Housing Association. The above claims attachment and collection order were served to the Defendant around that time.

L District Housing Association, etc. shall file a lawsuit of objection (Seoul Northern District Court 2018Kahap25407) against the above title of enforcement (Seoul Northern District Court 2018Gahap25407) and shall not reject the compulsory execution based on the executory exemplification of the Seoul Northern District Court 2017Kahap20382 against the Plaintiff (referring to the Plaintiffs of this case; hereinafter the same shall apply) from the Seoul Northern District Court 2017Kahap20382 on April 1, 2020. The decision of suspending compulsory execution on October 5, 2018 was rendered only in excess of 17,00,000 won by the chief clerk of Seoul Northern District Court 200 won on June 5, 2018 and July 3, 2018.

The plaintiffs filed an appeal against the above judgment (Seoul High Court 2020Na2013432) and continue the appeal court.

On September 3, 2020, the defendant paid the plaintiffs total of KRW 17,000,000 (per 1,700,000 among the plaintiffs) out of the claim amount stated in the above collection order.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1-3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. The grounds for the plaintiffs' claim and the changed grounds for the claim are as stated in the attached Form of claim.

B. The collection order has the effect of granting the creditor the creditor the right to directly exercise the seized claim against the garnishee. Thus, the collection order has the effect of granting the creditor the creditor the right to directly exercise the seized claim.

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