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(영문) 수원지방법원여주지원 2020.11.17 2020가단55911
추심금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

In fact, on July 21, 2017, the Plaintiff received a provisional attachment order as to the claim for the return of lease deposit, which C holds against the Defendant, based on the claim amount of KRW 169,620,950, out of the construction materials price for C Co., Ltd. (hereinafter “C”) as the Busan District Court Branch Branch Decision 2019Kadan1985 (hereinafter “C”).

The above provisional attachment ruling was served on September 14, 2017 on the defendant, who is the garnishee.

The Plaintiff filed a claim against C with the Seoul Eastern District Court No. 2017 tea3748 seeking payment of construction materials.

On August 1, 2017, the above court issued a payment order stating that “C shall pay to the Plaintiff the amount of KRW 413,276,362 and 15% interest per annum from August 5, 2017 to the date of full payment (hereinafter “the first payment order”). The payment order became final and conclusive on August 19, 2017. The Plaintiff filed an application against C for the payment order of construction materials with the Seoul East Eastern District Court 2017 tea3817 to the date of full payment. On August 10, 2017, the above court applied for the payment order against C to the Plaintiff for the payment order of construction materials amounting to KRW 169,620,950 and the amount calculated at the rate of 15% per annum from August 17, 2017 to the date of full payment.

“The second payment order” (hereinafter “the second payment order”) was issued, but the first payment order was referred to as “each of the instant payment orders,” and the said payment order was finalized on August 31, 2017.

Based on the second payment order, the Plaintiff transferred KRW 169,620,950, which was provisionally seized, indicating the claims to be seized and collected by the Seoul East Eastern District Court 2017TTTT12098, October 30, 2017 as the same as the claims to be seized and collected by the provisional seizure order stated in the above provisional seizure order stated in the above paragraph (a), to the provisional seizure order, and was issued a seizure and collection order that additionally seizes KRW 4,578,90.

The above collection order was served on November 3, 2017 on the defendant.

On the basis of the second payment order on December 12, 2017, the Plaintiff, based on the Seoul Central District Court 2017TT 21643, 434,551,562 of the construction materials price of C, as the claim claim claim amount, C has against the Defendant.

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