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(영문) 서울중앙지방법원 2020.10.23 2019가합500029

추심금

Text

1. As to the Plaintiff’s KRW 28,909,520 and KRW 24,709,520 among them, the Defendant shall start January 29, 2019, and the remainder 4,200.

Reasons

1. Basic facts

A. On November 6, 2012, the Plaintiff filed an application with the Seoul Central District Court for a payment order against C seeking the payment of loans under the Seoul Central District Court No. 2012 tea 181477.

On November 16, 2012, “C shall pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from November 6, 2012 to the date of full payment (hereinafter “instant payment order”). The instant payment order was finalized around that time.

B. On October 2013, the Plaintiff, including the Plaintiff’s seizure and collection order, filed an application with the Seoul Eastern District Court for the seizure and collection order of the claim amount of KRW 249,29,291,258 with the title of execution regarding the instant payment order (i.e., the principal amount of KRW 218,64,683 based on the instant payment order, which was KRW 200,000,000, out of the principal amount on the instant payment order, from November 6, 2012 to September 30, 2013, with the interest of KRW 30,646,575, which was calculated by the rate of 17% per annum from September 6, 2012, and the Defendant received the seizure and collection order (hereinafter “instant collection order”) on October 30, 2013 from the above court.

The claims for seizure indicated in the collection order shall be as follows.

The amount from 1/2 after deducting taxes and public charges from the benefits (including principal pay, various allowances and bonuses, and performance money) received every month from a third party obligor (defendant) to the present and future amount of claims: Provided, That in consideration of the minimum cost of living under the Basic Livelihood Security Act for the National Basic Livelihood Security Act, the amount equivalent to the amount prescribed by the Enforcement Decree of the Civil Execution Act, taking into account the amount excluding it, and the cost of living of standard households, shall be the amount prescribed by the Enforcement Decree of the Civil Execution Act.