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(영문) 서울남부지방법원 2018.11.02 2017가합2107

추심금

Text

1. The Defendant’s KRW 653,640,00 for the Plaintiff and KRW 5% per annum from November 12, 2016 to April 27, 2018.

Reasons

Description of Claim

A. On October 7, 2016, the Plaintiff received from BBB Co., Ltd. (hereinafter “BBB”) a promissory note (hereinafter “instant promissory note”) stating the payee, the Plaintiff’s face value 653,640,000 won, the date of payment, the payment at sight, the place of payment, and the place of issuance, as indicated in Seoul Special Metropolitan City (hereinafter “instant promissory note”). In addition, on October 12, 2016, a notary public issued a notarized deed to the effect that the enforcement of the instant promissory note was accepted by the law firm’s good faith as of October 12, 2016.

(hereinafter referred to as “instant notarial deed”). (b)

BBBB filed a lawsuit against the Defendant for the agreed amount claim with Seoul Southern District Court 2015Gahap109035, and on April 28, 2016, the said judgment became final and conclusive upon receiving a judgment from the Defendant that “the Defendant shall pay BBBB, 758,667,478 won, and damages for delay.”

(hereinafter “instant judgment”). C.

The Plaintiff filed an application with the Seoul Southern District Court 2016TTTTTT14745 to order the seizure and collection of the claim amounting to KRW 653,640,00 with the original copy of the instant notarial deed named as the title of execution, and with the Defendant and the third obligor’s claim amounting to KRW 653,640,00. On October 24, 2016, the Plaintiff received the seizure and collection order against the Defendant in the instant judgment amounting to KRW 653,640,00 among the instant judgment amount claims against the Defendant, and received the seizure and collection order, and the above seizure and collection order was served on the Defendant around October 27, 2016.

(hereinafter “instant seizure and collection order”). D.

Therefore, the defendant is obligated to pay to the plaintiff 653,640,000 won with 5% per annum from October 28, 2016 to April 13, 2018 of the following day after being served with the collection order of this case, and 15% per annum from the following day after being served with the collection order of this case.

A judgment based on the admission of confessions under Articles 208(3)2, 150(3), and 150(1) of the Civil Procedure Act, which is the basis of recognition, and the defendant shall be this court on July 20, 2018.