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(영문) 인천지방법원 2019.05.14 2018가단34161
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 6, 2018, the Plaintiff filed a lawsuit against D, etc. seeking the payment of goods with the Incheon District Court 2017Kadan250157, and rendered a favorable judgment against D, etc., that “D and E shall jointly and severally pay to the Plaintiff KRW 47,50,000,00 and the amount calculated by the rate of 6% per annum from December 30, 2014 to December 23, 2017, and 15% per annum from the next day to the date of full payment” was rendered a favorable judgment, and the above judgment became final and conclusive around that time.

B. The Plaintiff, based on the executory exemplification of the judgment with respect to the foregoing case, filed an application for the attachment and collection order, which had been issued by the Incheon District Court 2018TTTB to transfer the provisional seizure of the claim for the return of the lease deposit against D’s Defendants to the original seizure. On September 19, 2018, the Plaintiff received the attachment and collection order (hereinafter “instant attachment and collection order”) from the above court until KRW 30,344,041 from among the claim for the return of the commercial lease deposit against D’s third obligor B, the amount up to KRW 30,344,041 from among the claim for the return of the commercial lease deposit against Sungnam-gu, Incheon District Court 2018T, which D holds against the third obligor C, and the aforementioned attachment and collection order were served on the Defendants, who were the obligors on September 27, 2018.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The plaintiff's summary of the plaintiff's assertion is D's creditor, and D has the right to return the lease deposit against the defendants.

Therefore, according to the instant seizure and collection order, the Defendants are obliged to pay the Plaintiff the lease deposit, so the Defendants are obligated to pay the amount stated in the purport of the claim to the Plaintiff.

B. The Defendants’ summary of the assertion did not bear the obligation to return the lease deposit against D.

The Defendants concluded a lease agreement on the building alleged by G, H and the Plaintiff.

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