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(영문) 서울북부지방법원 2020.05.19 2019가단140061
예금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence and Eul evidence, taking into account the whole purport of the pleadings:

1) A corporation C (hereinafter referred to as "C") (hereinafter referred to as "C") shall carry out a payment order, seizure and collection order based thereon.

() The Plaintiff’s payment order (hereinafter “instant payment order”) to the Plaintiff on November 17, 201, stating that “The Plaintiff shall pay to the Defendant the amount equivalent to KRW 139,000,000 per annum 20% per annum from the day after the original copy of the instant payment order was served to the day of full payment, and KRW 85,580 per annum from the day after the original copy of the instant payment order was served to the day of full payment” as the cause of the Plaintiff’s claim for special general meeting expenses and service payment claims (hereinafter “instant payment order”).

(2) Upon receipt of the instant payment order, C received the instant payment order from the Seoul Northern District Court 2011 to the Plaintiff on November 21, 2011, and confirmed on December 6, 2011, as the title of execution, and C received the claim amounting to KRW 139,00,000,000 among the five accounts opened by the Plaintiff in the third debtor, until it reaches the amount of KRW 139,00,000 among the five accounts opened by the Plaintiff in the third debtor. On December 15, 2011, C received the claim attachment and collection order (hereinafter “instant collection order”).

B. On November 23, 201, the Plaintiff filed an objection against the Plaintiff’s filing of a lawsuit and the Defendant’s payment of the collection amount, the Defendant, in relation to the instant collection order, received a written request from the Plaintiff’s president D requesting “to suspend the payment of the collection amount until the relevant judgment becomes final and conclusive,” and on the same day, C notified the Plaintiff of the scheduled deposit of the amount of seizure upon the Plaintiff’s request for the suspension of payment of the collection amount. The Defendant received an objection under the name of the Plaintiff’s acting president E on December 26, 201. The principal content of the Plaintiff’s association president D resigned on March 14, 201, and from the Seoul Northern District Court on October 27, 2011.

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