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(영문) 서울고등법원 2015.11.20 2014나2044541
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The following facts are acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 5-1 to 3 of the basic facts:

[1] The Seoul High Court case No. 2008Na797 decided against F Co., Ltd., Ltd. (hereinafter “F”) concluded mediation on February 4, 2008

(hereinafter referred to as “instant conciliation.” In the instant conciliation, the Plaintiff was paid KRW 4.5 billion from the LAF to the LAF, and the Plaintiff was paid KRW 300 million until February 5, 2008, KRW 1.7 billion until March 31, 2008, KRW 1.7 billion until May 31, 2008, and KRW 1.5 billion until December 31, 2009.

[2] On February 9, 2009, the Plaintiff, based on the instant conciliation protocol, received the claim attachment and collection order under Seoul Southern District Court 2009TTTTT1719 by designating the debtor as the defendant A and the garnishee as the defendant A.

On March 6, 2009, this order was served on Defendant A.

In the above order, the purchaser of the seized bond and the development recompense land of 20,826 square meters in G at the time of Gyeonggi-si (hereinafter “instant development recompense land”), upon the termination of the sales contract made by the seller and the seller to A, the F Co., Ltd. as part of KRW 5,417,725,805 among the monetary refund bond against Defendant A.

On February 9, 2009, the Plaintiff, based on the instant conciliation protocol, issued a collection order for the attachment and collection of the claim under the Seoul Southern District Court 2009TTT1720 by designating the debtor F and the garnishee as the defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

On February 12, 2009, this order was served on the Defendant Company.

In the above order, a purchaser with respect to the bond of this case, the bond of this case was 5,417,725,805 won out of the cash refund bond of the defendant company by the termination of the sales contract with the defendant company.

On February 9, 2009, the Plaintiff: (a) on February 9, 2009, made the debtor F and the third debtor as the Defendant B Urban Development Project Association (hereinafter “Defendant Association”); and (b) as Seoul Southern District Court 2009TTTT1721.

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