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(영문) 서울남부지방법원 2014.09.17 2014가단207577

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 39,404,709 and the interest rate of KRW 20% per annum from April 14, 2014 to the day of complete payment.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a stock company C (hereinafter “C”).

2) On December 17, 2013, Seoul Southern District Court Decision 2012Da33260 decided in favor of the Plaintiff. 2) The Plaintiff received the claim attachment and collection order under the Seoul Southern District Court Decision 2013Ma25702 on December 17, 2013 with respect to the agreed amount claim to be paid pursuant to the agreement prepared on November 21, 2012 in relation to the construction of the Eunpyeong-gu Seoul Eunpyeong-gu and E for the Defendant. The said decision was served on the Defendant at that time.

3) The Defendant and G Co., Ltd. entered into an agreement with C on November 21, 2012 as follows: ① the Defendant and G Co., Ltd. jointly and severally pay C’s debt, namely, “Seoul Southern District Court Decision 2012Da33260 Decided 29,486,60 and annual interest of 20% per annum from April 10, 2012 to the date of full payment.” ② The Defendant and G Co., Ltd jointly and severally pay C’s debt KRW 48,787,410 related to the price of H steel bars, jointly and severally, to C. ③ the Defendant and G Co., Ltd. jointly and severally pay KRW 34,30,000,00 for each of the statements in subparagraphs 1 through 7, and the purport of the entire pleadings.

B. According to the above facts of recognition, the defendant is obligated to pay C the agreed amount of KRW 112,574,010 to C pursuant to the agreement of November 21, 2012, and the plaintiff who received the order of seizure and collection as to KRW 39,404,709 out of the agreed amount of the above agreed amount of KRW 39,404,70, has legitimate authority to collect it.

Therefore, the Defendant is obligated to pay to the Plaintiff, a collection right holder, 39,404,709 won and damages for delay calculated at the rate of 20% per annum from April 14, 2014 to the date of full payment, which is the day following the delivery of a copy of the instant complaint.

2. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.