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(영문) 인천지방법원부천지원 2020.01.07 2019가단18268
추심금 등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim against Defendant C, such as indemnity amount, entered into a credit guarantee agreement with F Co., Ltd., and Defendant C jointly and severally guaranteed the obligation of F Co., Ltd. under the said credit guarantee agreement.

The plaintiff filed a lawsuit against the defendant C claiming the performance of the obligation, such as the amount of indemnity based on the joint and several surety (Seoul District Court 9Dahap8699, Seoul District Court 99). On April 20, 200, the Seoul District Court rendered a favorable judgment in favor of the plaintiff that "the defendant C shall pay 18% per annum from May 13, 1999 to January 10, 200, and 25% per annum from the next day to the date of full payment" to the effect that "the above judgment became final and conclusive around that time."

(B) The Plaintiff’s claim against Defendant C based on the above final judgment (hereinafter “claim for Reimbursement of this case”).

1) Each collection order against Defendant A and B: (a) the Plaintiff filed an application for each collection order against Defendant A and B, the garnishee, using the claim for reimbursement, etc. of this case as the execution bond; and accordingly, (b) the Incheon District Court’s Branch Branch Branch on November 18, 2016, with respect to the seizure and collection order (where the monthly wage is not more than 1.5 million won, the full prohibition of seizure) regarding the Defendant C’s wage claim (where the monthly wage is not more than 1.5 million won, the full amount of the monthly wage claim) against the Defendant C, as the execution bond of this case.

(2) On March 20, 2019, Defendant C issued a seizure and collection order with respect to Defendant C’s wage claim (Provided, That where the amount of monthly wage is less than 1.5 million won, the entire prohibition of seizure) (in the case of Defendant C’s wage claim of KRW 1.5 million), and issued a collection order (Yancheon District Court Decision 2019Tcheon Branch Office 2019TT32717 and the collection order of this case; hereinafter “instant second collection order”).

(3) On November 28, 2016, the collection order of this case No. 1 was served on Defendant A, and the collection order of this case No. 2 was served on Defendant B on March 25, 2019.

C. The status of the Defendants and the relevant Defendants A shall be March 2009.

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