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(영문) 서울중앙지방법원 2015.05.06 2014가합590188

1. The plaintiff's claim is dismissed.

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


The summary of the case is that the plaintiff seeks payment of KRW 200 million as part of the collection amount against the defendant after receiving a seizure and collection order regarding the claim against the defendant B.

In fact, on January 10, 2013, the judgment (U.S. District Court 201Ga2753) ordering the defendant to pay 810,000,000 won to B and damages for delay at the rate of 5% per annum from February 15, 2012 to January 10, 2013, and 20% per annum from the next day to the date of full payment (U.S. District Court 2012Gahap2753) was issued, and the above judgment was serviced by public notice to the defendant and finalized on February 1, 2013.

On March 5, 2013, the Plaintiff received a provisional seizure order (U.S. District Court 2013Kadan1004888) regarding KRW 500 million among the above judgment amount claims against the Defendant in B.

On February 26, 2015, the Plaintiff transferred the above provisional seizure to the provisional seizure, and received a collection order (U.S. District Court 2015TTT 4268) that seizes KRW 331,506,849 among the above judgment amount claims against the Defendant in B.

On March 24, 2015, the above ruling was served on the Defendant.

【In the absence of dispute, the grounds for recognition” stated in Gap's evidence Nos. 9, 10, 13, and 14 (including the serial number; hereinafter the same shall apply), the issues of the instant case, the overall purport of the pleading, and the existence of the claim for collection of the seizure and collection claim (Dispute 1) / [Defendant's assertion] Eul renounced the claim against the defendant against the defendant on January 29, 2013, and delivered the waiver, etc., and the defendant decided not to file a complaint on the grounds of appeal for subsequent completion of the judgment by public notice and litigation fraud.

Therefore, there is no claim for the collection of the above seizure and collection order.

[Plaintiff’s assertion] It is reasonable to accept the waiver of the acquisition of claims with a final and conclusive judgment by taking into account a large amount of costs and efforts by the Plaintiff.