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(영문) 창원지방법원통영지원 2015.04.28 2014가단14220
추심금
Text

1. The plaintiff (appointed)'s claim is dismissed.

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

Reasons

1. Basic facts

A. On April 29, 2014, the Plaintiffs filed an application for provisional seizure of claims against G with the obligor and the Defendant as the garnishee, using the wage claim against G as the preserved claim. On May 14, 2014, the said court rendered a provisional seizure order against G on the claim for production price of shipbuilding machinery and materials against the Defendant (hereinafter “instant provisional seizure order”), and the said order was served on the Defendant on May 15, 2014.

B. On April 29, 2014, the Plaintiffs filed a lawsuit against G with the Changwon District Court Decision 2014Gadan5411, which ordered the Plaintiff to pay wages. On August 22, 2014, the said court rendered a judgment ordering the Plaintiff to pay KRW 4,365,00, KRW 4810,00 to Plaintiff B, KRW 4,380,00 to Plaintiff C, KRW 4,380,00 to Plaintiff D, KRW 5,90,000, KRW 780,000 to Plaintiff E, and KRW 660,000 to Plaintiff F, and the said judgment became final and conclusive around that time.

C. On September 12, 2014, the Plaintiffs came to fall under the Changwon District Court Decision 2014TTT 4383.

A. The judgment amount stated in the subsection shall be the amount claimed.

On September 16, 2014, G filed an application for the provisional seizure and collection order to transfer the claims indicated in the claim to the original seizure. On September 16, 2014, G transferred the provisional seizure of the money equivalent to the amount claimed by the selector stated in the purport of the claim to the Defendant’s claim for the production price of shipbuilding equipment, and issued a decision that the Plaintiffs may collect the said money (hereinafter “instant collection order”), and the said decision was served on the Defendant on September 18, 2014.

【Legal basis for recognition】 Each description of evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The summary of the plaintiffs' assertion G has a claim for the cost of manufacturing shipbuilding equipment according to the shipbuilding equipment manufacturing contract concluded with the defendant. Thus, the defendant shall pay to the plaintiffs, the collection obligee, the sum of the claim amount by the plaintiff in the collection order of this case, KRW 22,905,575, and the delay damages.

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