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(영문) 수원지방법원 2016.02.04 2015나14270
추심금
Text

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

The defendant.

Reasons

1. Basic facts

A. The Plaintiff’s provisional seizure 1) The Plaintiff Company A (hereinafter “A”)

(2) On January 3, 2014, the payment order (hereinafter “instant payment order”) stating that “A shall pay to the Plaintiff 280,087,144 won and/or 6% per annum from September 20, 2013 to the date of delivery of the instant payment order, and 20% per annum from the next day to the date of full payment (hereinafter “instant payment order”).

(2) On May 6, 2014, the above order of provisional attachment was finalized on May 27, 2014. 2) The Plaintiff filed an application for provisional attachment of the amount of money up to KRW 280,087,144 out of the claim for construction cost related to “B” against the Defendant (hereinafter “the claim of this case”) with the Defendant as the third party obligor as the Suwon District Court Branch Branch of Sung-nam Branch of 2014Ka6060, and received a provisional attachment order against the Defendant on February 6, 2014 (hereinafter “the provisional attachment order of this case”). The above provisional attachment order was served on the Defendant, the garnishee on February 10, 2014.

3) On October 1, 2014, the Plaintiff filed a claim amounting to KRW 310,812,320, total amount of the goods price and damages for delay under the instant payment order under the payment order with Sungwon District Court Sungnam Branch Branch 2014TTTTTT 20, the provisional seizure of KRW 280,812,320, out of the instant claims based on the instant provisional seizure order, shall be transferred to the principal seizure. The remainder of KRW 30,725,176 was issued a seizure and collection order with the content of the seizure, and the said order was served on the Defendant on October 7, 2014. (B) The said order was served on the Defendant on the Defendant on the date of the Seoul Central District Court 2013dan75278, and filed an application for provisional seizure against KRW 39,328,400 among the instant claims with the court to the extent of KRW 1371,201.

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