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(영문) 수원지방법원 2018.09.06 2017나19347
추심금
Text

1. Of the judgment of the first instance court on Defendant Leecheon Agricultural Cooperatives, the following additional payments are ordered.

Reasons

1. On January 12, 2017, the basic facts of the claim (1) on January 12, 2017: KRW 3 billion; KRW 2 billion for Defendant M&C Co., Ltd. to the non-party third-party third-party third-party joint logistics, each of which was set on January 5, 2027 (if there is a seizure and collection order of claims, the benefit of the due date is lost, and the due date comes immediately after the due date comes). Each of the above loans was deposited into the account of third-party comprehensive logistics established in Leecheon-cheon, Inc. (hereinafter referred to as the “instant account”).

(2) On January 18, 2017, the Plaintiff, the creditor of the Samyang General Logistics Co., Ltd., received a claim seizure and collection order (No. 2017TTTTTTTT) from the Defendant, the third debtor, and the Defendants, the third debtor, up to the amount of KRW 503,931,666, up to the amount of KRW 253,931,666, with respect to Defendant M&C, up to the amount of KRW 253,931,66, with respect to Defendant M&C, each of the deposit claims (including the deposit claims in the instant account) against the Defendants of Samyang General Logistics up to the amount of KRW 250,000,000 until the amount of KRW 250,000,000. However, in fact, only the deposit claims in the instant account exist). The above claim seizure and collection order was served on each of the Defendants on January 23, 2017.

(3) On January 24, 2017, the Plaintiff visited Lee National Agricultural Cooperative and presented the original copy of the order of seizure and collection, and intended to collect the deposit amount of the instant account. However, the said loan was already withdrawn, and was not collected because the balance of the instant account was zero won.

(4) Subsequent to the instant account, KRW 20,390,707 deposited in April 7, 2017, and the Plaintiff, who became aware of such deposit through a branch, attempted to collect the deposit of the instant account by visiting Leecheon Agricultural Co., Ltd. on April 20, 2017 and April 21, 2017. However, Defendant Leecheon-cheon, Inc., a claim for the said loan to his third-party comprehensive logistics.

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