추심금
1. The Defendant: (a) KRW 26,040,515 to the Plaintiff; and (b) KRW 5% per annum from December 23, 2016 to May 29, 2018 to the Plaintiff.
1. Facts of recognition;
A. D Co., Ltd. (the former trade name is “Co., Ltd. E, and the former trade name was changed on May 12, 2016; hereinafter “D”) entered into a contract with the Defendant on the part of the annual circuit board manufactured by the Defendant to process D, from May 2015, and around that time until November 25, 2016, provided the Defendant with services equivalent to the total amount of KRW 228,34,957 (including value-added tax; hereinafter the same shall apply) to the Defendant.
(hereinafter referred to as “instant processing costs”) B.
As the Plaintiff supplied D with the PCB electronic components equivalent to KRW 46,423,950, and was not paid the PCB electronic components, the Plaintiff applied for a payment order against D with this Court 2016 tea3723 seeking payment of the above electronic components price and damages for delay at the rate of 15% per annum therefor, and received the decision of acceptance on October 28, 2016, and the payment order was finalized on November 17, 2016.
C. Based on the above payment order, the Plaintiff filed an application for a seizure and collection order as to the amount until it reaches the claim amount of KRW 26,829,570, which is the claim amount, out of the claim amount, among the trust and processing expenses claims of this case held by D as the Defendant under this court No. 2016TT 13818, on the basis of the debtor D, and received a collection order on November 23, 2016 (hereinafter “the collection order”).
On November 25, 2016, the above order was served on the Defendant. D.
In other words, the Plaintiff, based on the above payment order, filed a request for a seizure and collection order as to the amount until it reaches KRW 20,532,080, out of the amount of the loan processing expenses of this case with the garnishee as the defendant D, and the third debtor as the defendant, and received a seizure and collection order as to the amount until it was paid. On December 21, 2016, the Plaintiff received a collection order as to the seizure and collection order (hereinafter “second collection order”) (hereinafter “second collection order,” and when referring to the first and second collection order, “each collection order of this case”).
On December 26, 2016, the above order was served on the Defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, and 6.