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(영문) 서울고등법원 2016.11.24 2016나10317
추심금
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

2...

Reasons

1. Facts of recognition;

A. On February 12, 2015, based on the notarial deed No. 792 of 2014, Dec. 19, 2014, the Plaintiff received a seizure and collection order of KRW 150,000,000, among the claims for the payment of goods that the Plaintiff supplied and received, from the Defendant based on the notarial deed No. 792 of 2014, which was the executory power to prepare a law firm Gyeyangyang (hereinafter “the seizure and collection order of this case”).

In addition to the above claim against the Defendant, the Plaintiff seized and collected the amount of KRW 118,496,457, and KRW 100,000,00, as well as the claim for the payment of goods to be paid, in addition to the claim against the Defendant.

B. On February 17, 2015, the instant order of seizure and collection was served on the Defendant, who is the garnishee, on February 17, 2015.

C. On February 17, 2015, the Defendant paid KRW 21,090,569 to Sejong Co., Ltd. in KRW 19:29:04.

On December 4, 2014, 2014, Kwon 26,631,90 won on the date of service on the date of determining the amount claimed by the creditor of the case number, the Suwon District Court (hereinafter referred to as the "Seoul District Court") 2014Kadan3171, Kwon 26,631,90 won on the date of service on the date of service of the creditor of the case number, and on December 28, 2014, the Suwon District Court (hereinafter referred to as the "Seoul District Court") 65,259,818 won (hereinafter referred to as the "CEL 65,259,818 won on the date of service of the creditor of the case number, and on March 3, 2015 (A28,280,400 won) on the Housing Site No. 20135, Feb. 27, 2015; 2015Dadan315381, Nov. 28, 2015. 2015

D. The defendant was served with the order of provisional seizure of claims filed by the creditors of Sejong Co., Ltd. as follows.

E. On April 28, 2015, Suwon District Court Decision 2015TTT 3062 rendered on April 28, 2015, hereinafter referred to as the “Seoul District Court”) against the Defendant of Sejong Co., Ltd. by the decision of provisional seizure against claims under the same court No. 2014Kadan3171.

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