(영문) 수원지방법원안양지원 2019.11.22 2019가단108082

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(영문) 수원지방법원안양지원 2019.11.22 2019가단108082

추심금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 10, 2019, the Plaintiff applied for a payment order against Nonparty D with the Suwon District Court Decision 2019 tea291, and issued a payment order with the purport that “D shall pay to the Plaintiff the amount of KRW 86,114,36 and KRW 86,114,136 among them, 10% per annum from December 11, 2018 to January 15, 2019, and 15% per annum from the next day to the date of full payment.” The above payment order was finalized on January 30, 2019.

B. On March 7, 2019, the Plaintiff filed an application for a seizure and collection order with the Suwon District Court for the amount of claim KRW 88,75,002 based on the above payment order, the debtor D and the garnishee as the Defendants. On March 29, 2019, the above court attached the claims indicated in the separate sheet against D to the Defendants. The Defendants are prohibited from paying the above claims. D is issued a seizure and collection order (hereinafter “instant seizure and collection order”). The Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”). The instant seizure and collection order was served on Defendant A, March 13, 2019, and on March 14, 2019, on each of Defendant C, respectively.

C. On April 17, 2019, the Plaintiff notified the Defendants of his intention to withdraw D from the partnership relationship by content-certified mail, in lieu of D on April 17, 2019. The said content-certified mail was served on the Defendants around that time.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion is the creditor of the claim against D, who received the seizure and collection order of this case, and on behalf of D, expressed his intent to withdraw from the partnership relationship with the defendants on behalf of D. The plaintiff shall be deemed to be the refund amount of joint maintenance, the defendant A shall be deemed to be the plaintiff, the defendant B shall be 41,00,000, the defendant B shall be 22,80,000, and the defendant C shall be 24,955,002, respectively.

유사 판례

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