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(영문) 서울중앙지방법원 2020.11.26 2019가단50497
추심금 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Upon the Plaintiff’s request, on November 18, 2016, the Seoul Central District Court 2016Kadan49851 stated that “The provisional attachment order against claims was issued by Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”), the garnishee, the Defendant, the claim amount of KRW 11,804,00,000, and was served on the Defendant on November 22, 2016 (hereinafter “provisional attachment 1”), and the separate attachment stating that “The claim for provisional attachment is indicated in the separate attachment as follows: (a) the amount of money that the obligee receives from the third obligor and the third obligor among the new construction works in Seoul E Co., Ltd. by the third obligor and the third obligor until it reaches the claim amount (including subsidies that are paid in the future where the payment for the construction is not satisfied with the above claim amount).”

B. On April 12, 2017, the Seoul Central District Court 2017Kadan34884, issued a provisional seizure order with the claim amounting to KRW 26,500,000 with the non-party company, the garnishee, the defendant, and the claim amounting to KRW 26,50,00 (hereinafter “provisional seizure 2”), and the Defendant was served on April 17, 2017 (hereinafter “the above provisional seizure”). The separate sheet of the above decision states as follows: “The claim amount to be provisionally attached is indicated as a description of the claim to be provisionally attached by the debtor and the third debtor, among the claim amount that the debtor and the third debtor would suffer from construction works at several sites, etc. located in Seocho-gu Seoul Metropolitan Government, Seocho-gu., the creditor’s above claim amount until it reaches the above claim amount (including the case where the third debtor’s payment (including the already paid subsidies and subsidies).

C. The Plaintiff filed an application with the Seoul Central District Court for a collection order for the seizure and collection order against the non-party company and the non-party company and the third party debtor as the defendant under the Seoul Central District Court 2017TTT8865 based on the executory exemplification of the judgment on the claim for payment of personnel expenses against the non-party company. The above court on June 14, 2017.

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