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(영문) 대구지방법원김천지원 2014.09.24 2012가단10764
추심금
Text

1. For the Plaintiff (Appointed Party) and the Plaintiff’s Appointor:

A. Defendant C is from July 26, 2012 to KRW 280,00 and its amount.

Reasons

1. Basic facts

A. On Nov. 9, 2006, the Plaintiffs filed a lawsuit against the Korea Transport Information and Communications Engineers Association (hereinafter “Korean Transport Information and Communications Association”) No. 2006Gau14059, and this Court rendered a judgment dismissing the claim on July 13, 2007.

The plaintiffs appealed with the Daegu District Court 2007Na12478 on May 22, 2008. The above court rendered a judgment that "The Trade Council shall pay to the plaintiffs (appointed parties) KRW 2,316,250, KRW 250, KRW 2,500, KRW 2,465,000, KRW 2,040, KRW 2,146,250, and KRW 2,000 to the appointed parties, KRW 2,040, KRW 2,146,250, and each of the above amounts to the appointed parties, KRW 5% per annum from December 10, 2005 to December 13, 2007, and KRW 20% per annum from the next day to the full payment date."

(hereinafter “The preceding judgment of this case”). The first judgment of this case became final and conclusive on September 11, 2008, as the first appeal of this case was dismissed by the first inquiry.

B. On March 30, 2010, the Plaintiffs received a claim attachment and collection order as to KRW 280,000, respectively, from the Defendant (Appointed Party), Defendant designated parties, and Defendants (hereinafter “Defendants”) on March 30, 2010 (this Court No. 2010). The said order was served on the Defendants between April 1, 2010 and November 26, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. In the case of the claim for the amount of the collection fee against Defendant (Appointed), Defendant D, F, and G, the enforcement creditor bears the burden of proving the existence of the claim for the collection amount. Therefore, the Plaintiffs should prove the existence of the claim for the amount of the ordinary membership fee against the Defendants.

The following circumstances, i.e., the grounds for recognition as mentioned above, Eul's evidence Nos. 2 through 5 (including spot numbers, if applicable; hereinafter the same shall apply), Eul's evidence Nos. 1, and the whole purport of pleadings, are acknowledged as follows:

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