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(영문) 광주지방법원 2016.06.30 2015가단36780
추심금
Text

1. The Defendant’s KRW 31,00,000 as well as annual 5% from August 28, 2015 to June 30, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On April 20, 2010, the Plaintiff made an application for provisional seizure against claim 2010Kahap399 by designating C as the debtor and the defendant as the garnishee. On April 20, 2010, the Plaintiff issued a ruling that “The third debtor shall not pay the above claim to the debtor.” The above ruling was served on the Defendant on April 22, 2010.

B. The Plaintiff, upon request (2010TTT 27496) to request the provisional seizure and collection order (2010TT 27496) to transfer the above provisional seizure order to this court, transferred the amount to the original seizure until the amount reaches 31,00,000 won out of the loan claims held by the debtor to a third debtor, and seized the amount up to 34,000,000 won out of the loan claims held by the debtor to a third debtor (interest 2,50,000 won) on November 10, 2009. The third debtor shall not pay and receive the above claim. The debtor shall not be obliged to collect and dispose of the above claim. The above seized claim is issued by the creditor, and the above decision was served to the Defendant on December 20, 2010.

(hereinafter “instant seizure and collection order”). C.

Meanwhile, the Plaintiff filed a lawsuit seeking the return of the said money on the ground that C engaged in credit business with the trade name of "E" in 610 of the Dong-gu Seoul Special Metropolitan City D Building was invested in KRW 130,00,000 on July 14, 2009 (2010 Gohap3331) on the ground that the said money was invested in KRW 130,000,000 (hereinafter referred to as "C would pay KRW 130,000 to the Plaintiff). On November 12, 2010, the Plaintiff was sentenced to a partial favorable judgment, and C appealed appealed against it (Seoul High Court 2010Na6924), but the said judgment became final and conclusive on September 1, 2011.

【Facts without dispute over the basis of recognition, significant facts in this court, and evidence A of subparagraphs 1 through 3 (including evidence number) respectively.

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