추심금
The defendant shall pay 265,787,671 won to the plaintiff and 12% per annum from August 1, 2020 to the day of complete payment.
1. On the basis of the notarial deed No. 62 of the 2017 Document No. 62 signed by Law Firm D on January 25, 2017, the Plaintiff, indicating the claim, filed a claim against C with the Defendant as the legal representative of C with respect to “the repayment claim (storage money) return claim, which the Defendant, as the legal representative of C and E, received from E with respect to the case of “the name of the Seoul High Court F (Main) building between C and E, G (Counterclaim) damages (Counterclaim),” the amount of which was KRW 265,787,671, and the amount of delay damages paid against the Defendant.”
2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);
3. The Plaintiff partially dismissed part of the claim for the payment of damages for delay from July 15, 2020, following the day when the order of seizure and collection was served on the Defendant.
However, a collection order is limited to granting the creditor the right to collect the claim against the creditor to the creditor to the third debtor, and it does not require the third debtor to pay the creditor the amount equivalent to the amount of the claim seized to the creditor, or setting the deadline for payment. Thus, the third debtor is liable for delay in relation to the amount equivalent to the amount of the claim seized to the creditor, not from the time when the execution court receives the delivery of the collection order from the execution court, but from the date after the execution creditor receives the claim for the collection amount from the execution creditor after the issuance of the collection order (see, e.g., Supreme Court Decision 2010Da47117, Oct. 25, 2012). There is no evidence to prove that the plaintiff requested the defendant to perform the above collection amount
Therefore, the Plaintiff’s claim for damages for delay is at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 1, 2020 to the date of full payment, which is the day following the delivery of the copy of the complaint to the Defendant.