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(영문) 서울고등법원 2017.10.27 2016나2074676
추심금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff has a claim for the agreed amount of KRW 260,700,000 based on the payment order issued by the Seoul Northern District Court 2013j 343 against B.

(hereinafter “Plaintiff’s Claim”). B.

On May 12, 2014, the Plaintiff seized the claim amount of KRW 260,700,000 against B based on the instant claim against the Defendant (hereinafter “instant claim”). (Seoul Western District Court 2014Kadan30235), and subsequently, issued the attachment and collection order of the instant provisional seizure to the Seoul Western District Court 2014TTT1370 on August 20, 2014 (hereinafter “instant seizure and collection order”), and the above written decision was served on the Defendant and B around that time.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1, 3 through 5, and 10, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff received a seizure and collection order regarding the instant claim B based on the Plaintiff’s claim. Therefore, the Defendant, the garnishee, is obligated to pay KRW 260,700,000 to the Plaintiff according to the seizure and collection order.

B. Determination as to the existence of B’s claim 1) The fact that B lent 305,902,50 won to the Defendant as described in the following table is either a dispute between the parties or a dispute over the entire purport of the pleadings as stated in Gap evidence 7, 8, and 9. There is no dispute over the amount received on October 26, 201 (the original method of proof C50,000,500 on October 26, 201) 35,000,500, 300,000 on November 4, 201, 20, No. 100,000,000,000 on April 15, 200, No. 100,000,000 on April 13, 2011, there is no dispute over the dispute over the No. 10,000,000 D/100 on October 16, 2010

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