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(영문) 수원지방법원여주지원 2020.01.22 2019가단50156

추심금

Text

1. The Defendant’s KRW 40,150,000 and the Plaintiff’s annual rate of KRW 5% from May 16, 2019 to January 22, 2020.

Reasons

1. Facts of recognition;

A. In the lawsuit involving the repayment of the agreed amount, etc. by the Suwon District Court Branch Branch 2016Kadan5799, the said court rendered a judgment on November 1, 2017 (hereinafter “instant judgment”) that “the Defendant shall pay to C the amount of KRW 81,032,50 and interest calculated at the rate of KRW 5% per annum from July 31, 2016 to November 1, 2017, and 15% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

B. On December 13, 2017, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) as to the amount up to KRW 40,150,000 among the claims based on the instant judgment against the debtor’s garnishee against the Defendant by the debtor C, from the Defendant, regarding the amount up to KRW 40,150,000. The instant collection order was served on the garnishee on December 22, 2017.

C. In addition to the collection order of this case, the seizure and collection order of the claim based on the judgment of this case are as follows.

The plaintiff filed an application for intervention order against D, E, and F under Article 249(3) of the Civil Execution Act, and the court ordered the above obligees to participate, but the above obligees did not participate.

1D on November 30, 2018, the delivery date of the case number requested by the defendant 1D on December 30, 2018, the Incheon District Court 2018 Taxa 525444, 576, 598 won on December 2, 2018, December 3, 2018, 2018. < Amended by Presidential Decree No. 23417, Dec. 3, 2018; Presidential Decree No. 23417, 982, 190 won on January 3, 2019; Presidential Decree No. 235129, Dec. 27, 2019; Presidential Decree No. 24474, Dec. 30, 2019>

On April 23, 2019, the Plaintiff was issued an assignment order (hereinafter “instant assignment order”) with respect to the amount up to KRW 40,150,000 among claims based on the instant judgment until the claimed amount was KRW 40,150,00,00, and the instant assignment order was finalized on May 24, 2019 after the delivery to the garnishee on April 26, 2019.

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1-4, 6, 7, 9, Eul's evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

(a)the primary cause of the claim;