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(영문) 창원지방법원진주지원 2015.04.09 2014가단6288
추심금
Text

1. The defendant 3,50,169 won, 3,879,482 won and 3,879,482 won and 3,073.

Reasons

1. The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) filed an application for provisional attachment against the Defendant as set forth in attached Table 1 with the Gwangju District Court Decision 2013Kadan133, Gwangju District Court in Mayang-si, Gwangju District Court, 2013Kadan133, taking the claim of KRW 19,698,860 against G as the preserved right.

On August 27, 2013, the above court accepted the provisional seizure of claims and rendered a ruling of provisional seizure of claims, and the provisional seizure was served on the defendant around that time.

After that, the Plaintiff filed a lawsuit against G on the claim of wage, etc. with the Gwangju District Court Decision 2013Ga3646, Gwangju District Court Decision 2013Da3646, as the main lawsuit of the above provisional seizure.

The above court accepted this and rendered a judgment on December 18, 2013 that "G shall pay to the Plaintiff KRW 2,969,850, KRW 2,369,850, KRW 369,850, KRW 269,850, KRW 3,949,610, and KRW 3,949, and KRW 610, and each of them shall be paid to the Selection Party F at the rate of 20% per annum from April 13, 2013 to the date of full payment." The judgment was finalized on January 3, 2014.

On January 29, 2014, based on the executory exemplification of the above judgment, the Plaintiff was issued a seizure and collection order (hereinafter “instant seizure and collection order”) stating that the instant provisional seizure is transferred to the Gwangju District Court’s 2014TT 821 and the additional seizure of the claims indicated in the attached Form No. 2, and that each of the claims stated in the attached Form No. 2 can be collected.

The original copy of the decision was served on the defendant around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above recognition of the occurrence of the collection prohibition obligation, the defendant must pay the collection amount and damages for delay to the plaintiff A and the designated parties, unless there are special circumstances.

B. The judgment of the defendant against the defendant's assertion is based on the disposition on default, each of the claims listed in the attached Form G against the defendant before the seizure and collection order of the case is served.

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