logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.01.10 2018가단140716
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s contract deposit claim 1) The Plaintiff Company D (hereinafter “D”)

(2) On July 5, 2018, the Seoul East Eastern District Court 2018Gahap101596 filed a lawsuit on the claim for the agreed amount, and rendered a judgment on July 5, 2018 that “D and E shall jointly and severally pay to the Plaintiff the amount of KRW 353,00,000 with interest of KRW 15% per annum from January 21, 2018 to the date of full payment.” The above judgment became final and conclusive around that time. 2) The Plaintiff received the provisional attachment order as Seoul East East District Court 2018Kadan50968 with respect to the claim for the agreed amount against D as the claim for the deposit claim against D (hereinafter referred to as “F”), and the provisional attachment order was served to F at that time.

3) Subsequent to August 6, 2018, based on the judgment indicated in the above 1, 2018, the Plaintiff received the provisional seizure and collection order from the Seoul Eastern District Court 2018TTTTT 2018TT 56940, and the above collection order was served to F around that time.

B. On July 31, 2018, the Defendant issued a provisional seizure order against D with respect to D’s deposit claims against D as Seoul Eastern District Court 2018Kadan1622 with respect to D’s deposit claims (the claimed amount of KRW 1,582,279,452). The provisional seizure order was served on F around that time. 2) In addition, on August 8, 2018, the Defendant applied for a payment order against D to seek the payment of the loan amount of KRW 3,50,000,000 and its payment order from November 30, 2017 to April 6, 2017 to the date of delivery of the original copy of the payment order, and each of the above payments order was finalized at the rate of KRW 15% per annum 28,198.

3) After September 20, 2018, the Defendant rendered the Seoul Eastern District Court on the basis of the payment order stated in the above 2).

arrow