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(영문) 인천지방법원부천지원 2015.10.30 2014가단44453
추심금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Facts of recognition

On August 30, 2011, Bohovah Co., Ltd. (hereinafter referred to as " Bohion") filed a lawsuit against the Defendant for the payment of construction cost claim No. 2011Ga315150, Seoul Central District Court.

On December 29, 2011, the Plaintiff filed a lawsuit against Bodona on December 29, 201 against Bodona on the claim for the purchase price of goods from this court No. 201Gadan45400, and the decision in lieu of conciliation becomes final and conclusive on May 17, 2012, and based on this, Bodona Ba above.

The judgment was served on July 12, 2012 on the Defendant on July 12, 2012, with respect to KRW 42,00,000, among the claims to be paid by the Defendant due to the instant case, upon receipt of the Seoul Central District Court 2012TTT No. 21140 and the collection order.

(hereinafter “instant collection order”). The above A

On August 16, 2012, the case was sentenced to a judgment: “The Defendant shall pay Bodogs, 42,608,380 won, and 6% per annum from September 7, 2011 to August 16, 2012, and 20% per annum from the next day to the day of full payment (hereinafter “related judgment”); and as to this, the Defendant appealed as Seoul Central District Court 2012Na47806, but the decision in lieu of conciliation became final and conclusive on March 16, 2013.

On the other hand, on January 29, 2013, A filed an application with the Seoul Central District Court 2013Guj8119 to order the payment of loan claims against Bodos, and the payment order becomes final and conclusive on March 12, 2013. Based on this, Bodos C above.

On April 8, 2014, the appellate court issued a provisional seizure and collection order to transfer 52,780,419 won, among the claims to be paid by the defendant, to the provisional seizure of Seoul Central District Court 2013TTTT 2013TT 10657.

(hereinafter “instant collection order”). A, on May 30, 2013, based on the instant collection order, filed a lawsuit claiming the collection amount against the Defendant (hereinafter “instant collection claim”), Seoul Central District Court 2013Kadan148835 (hereinafter “instant collection claim”), and August 23, 2014.

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