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(영문) 광주지방법원순천지원 2019.02.14 2018가단75532

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from July 25, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. On March 20, 2018, A and D Co., Ltd. (hereinafter “D”) drafted a notarial deed stating that “A Co., Ltd. and D Co., Ltd. (hereinafter “D”) prior to the merger are KRW 2,575,949,177” as a notary public, from February 2018 to May 2018, 2018, “A Co., Ltd. (hereinafter “D”) approved that the amount of transportation charge claims against D, which occurred from February 2018 to May 2018, and D pays in installments by July 25, 2018.”

B. Before the merger, A Co., Ltd. was changed into F Co., Ltd. on April 2, 2018 and merged into G Co., Ltd.; on April 30, 2018, G Co., Ltd transferred its claim under the said notarial deed to the Plaintiff on April 30, 2018; and the notice of transfer reached D on May 2, 2018.

C. The Defendant is a person who concludes an agency contract with D and pays fees to D while carrying on transportation business.

On June 4, 2018, the Plaintiff: (a) based on the above notarial deed, as the obligor and the Defendant as the third obligor; (b) KRW 40,000,000,000 (including the portion already occurred or is expected to occur in the future) out of the fee claims against D; and (c) based on the above notarial deed, the Plaintiff’s seizure and collection order was “the seizure and collection order in this case.”

(E) On June 11, 2018, the above decision was served on the Defendant on June 11, 2018. (e) On June 12, 2018, the Plaintiff sent a content-certified mail requesting the Defendant to pay the collection amount of KRW 40 million according to the above seizure and collection order, and was served on June 14, 2018. (f) The Defendant sent a total of KRW 22 million to D accounts from June 12, 2018 to July 20, 2018, while remitting KRW 30,000,000 to D’s H account under the name of the representative of D D DDDD (agency) from June 19, 2018 to July 24, 2018.

2. Determination

A. The facts and evidence as seen earlier, and the statements and arguments of Gap evidence Nos. 12 and 14, prior to the determination of the cause of the claim.