(영문) 수원지방법원 2018.10.17 2017나72133

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(영문) 수원지방법원 2018.10.17 2017나72133

추심금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a pecuniary obligee with the claim amounting to KRW 23,899,290 for unpaid goods based on the final judgment of the Changwon District Court case 2014Da14138 and KRW 23,89,290 for Company B. The Defendant is a corporation operating construction business, etc., and Party B is the only registration director of the Defendant’s internal director.

B. On December 19, 2016, the Plaintiff received a claim attachment and collection order (11521), stating that “The amount of the claim (hereinafter “instant claim attachment and collection order”) from the obligor B, the garnishee, the Defendant, and the Defendant, as executive title, shall be KRW 28,16,710 out of the claim amount to be returned to B by the Defendant upon lending money to the Defendant (i.e., the principal amount of the price of the goods unpaid according to the final and conclusive judgment) (i.e., KRW 23,89,290 up to December 15, 2016, KRW 4,879,383 enforcement expenses up to December 15, 2016, KRW 125,800).” The said order (hereinafter “instant claim attachment and collection order”) was served on the Defendant on December 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff has the right to collect KRW 28,166,710, out of the loan claims against the debtor B against the defendant, according to the collection order and seizure of the claim in this case. Thus, the defendant is obligated to pay the above money and damages for delay to the plaintiff.

B. The money claimed by the Plaintiff to be the money that the Defendant leased to the Defendant is merely the money that the Defendant, a construction company, transferred to the Defendant’s account, the representative of the Defendant, for convenience, to the Defendant’s account. The Defendant did not lend money from B.

3. According to the evidence Nos. 3, 5, and 6, Defendant B’s account in its name (Account Number C).

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