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(영문) 서울동부지방법원 2019.09.20 2017가단136987
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 27, 2017, the Plaintiff filed an application with a notary public for a seizure and collection order with respect to “a claim with respect to all the claims (i.e., the principal amount of KRW 50,288,260,000 for delay damages of KRW 1,262,466, KRW 25,80 for delay damages of KRW 50,262,460 for delay damages of KRW 51,288,266” with the Defendant based on the executory exemplification of a notarial deed under Article 61 of the Seoul Central District Court Decision 2017T No. 208755, Jun. 27, 2017, as a notary public, based on the executory copy of a notarial deed prepared by the law firm C (hereinafter “D”) and the garnishee, as the Defendant.”

B. On July 5, 2017, the foregoing court accepted the Plaintiff’s application and issued a seizure and collection order (hereinafter “instant claim seizure and collection order”).

The order of seizure and collection of the instant claim was served on July 10, 2017 to the Defendant, who is the garnishee.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The parties asserted (1) The Committee for Promotion of Regional Housing Association (tentative name) and the Defendant entered into a contract with D on March 8, 2017 for the recruitment service of association members (hereinafter “instant recruitment service contract”). The Defendant not only entered into the instant recruitment service contract as an agent and party, but also stipulates that the Defendant may directly enter into a contract with the promotion committee and the Defendant (hereinafter “instant agency contract”). The Defendant is obliged to pay the commission for the recruitment of association members to D along with the promotion committee.

Therefore, according to the collection order and seizure of the instant claim, the Defendant, the garnishee, according to the collection order, shall be the Plaintiff, the collection right holder, and D shall be 51,288,266 won among the claims, such as the fees for recruiting union members under the instant recruitment service contract, against the Defendant.

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