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(영문) 인천지방법원 2021.01.13 2019나4618
추심금
Text

The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

Reasons

1. Facts of recognition;

A. The Plaintiff filed against C Co., Ltd. (hereinafter “C”) an application for wage payment order with the Incheon District Court Decision 2009j 1501 at the time of Kimpo-si, Incheon District Court Decision 2009.

On September 25, 2009, C ordered the Plaintiff to pay 10,053,000 won with 20% interest per annum from the next day of service of the original copy of the payment order to the day of full payment. The above payment order was finalized around that time.

B. As the title of enforcement of the above final payment order, the Plaintiff filed an application for the seizure and collection order under the Incheon District Court Branch Branch Order 2010, and 14823, with respect to the claim, etc. for the return of the fixed amount of money and the unjust profit accrued to the Defendant and the Company D as the obligor, the Defendant, and the Company D as the third obligor, and C filed a request for the seizure and collection order.

On December 28, 2010, the above court rendered a ruling accepting the Plaintiff’s request for the seizure and collection order (hereinafter “instant order”) and served the Defendant on December 31, 2010.

(c)

C filed a lawsuit against D, a representative of the defendant and the defendant, in the Incheon District Court Decision 2008 Gohap 5546, claiming return of unjust enrichment, but the above court ruled that C's claim was dismissed.

Accordingly, C filed an appeal with Seoul High Court Decision 2009Na60697 on November 5, 2010. The above court is jointly and severally liable to pay C the total amount of KRW 800,000,000, and the amount of KRW 1,389,00,000,000, and the amount of delayed damages, which is the sum of KRW 1,558,667,214, out of the amount of claims based on the above judgment against C, E, etc., by being issued a seizure and collection order and served on the Defendant, and only E, etc., the said collector, etc., loses the eligibility to file a lawsuit for performance with the Defendant, and C loses the eligibility to file a lawsuit for performance with respect to the seized claims.

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