추심금
1. The Defendant’s KRW 35,052,01 and the Plaintiff’s annual rate of KRW 5% from July 1, 2015 to January 11, 2017, and the following.
1. Basic facts
A. On September 2, 2004, the Plaintiff borrowed KRW 45,000,00 from the Nonghyup Livestock Co., Ltd. and delivered the passbook deposited in C, and C used the passbook until September 2005.
The plaintiff returned this to the plaintiff, and on April 21, 2009, the plaintiff repaid the above loans to the Youngam Livestock Cooperatives.
B. On March 9, 2015, the Plaintiff claimed that KRW 45,000,00 was a loan to C, and sought the return of the said money against C, and the payment order was issued to the creditor (the Plaintiff in this case) that “The debtor (C) would pay KRW 45,000,000 to the creditor (the Plaintiff in this case) and the delay damages therefrom,” and the said payment order was served on March 12, 2015 and finalized on March 27, 2015.
(hereinafter referred to as “instant payment order”) C.
Meanwhile, in the case of a claim for divorce, etc. filed by the Gwangju Family Court support 2014Dhap1009 against the Defendant (the Defendant filed a counterclaim against C with the Gwangju Family Court support 2014Dhap1016). On March 12, 2015, the said court rendered a judgment on March 12, 2015, “C shall pay the Defendant the consolation money of KRW 5,00,000 and its delay damages, and the Defendant shall pay C property division of KRW 442,618,221 and its delay damages (hereinafter “instant judgment”), and the instant judgment became final and conclusive on March 31, 2015.
On April 16, 2015, the Plaintiff was issued a collection order for the money equivalent to KRW 58,584,209, among the judgment amount claims in this case, issued by the Gwangju District Court Decision 2015TTT Branch 2016 (hereinafter “instant seizure collection order”), and the instant seizure collection order was served on the Defendant, who is the garnishee, on May 22, 2015.
E. Meanwhile, on March 11, 2015, D, which is another creditor of C, issued a collection order with respect to money equivalent to KRW 33,498,697 among the judgment amount claims of this case under the Act No. 2015, 1088 by the Gwangju District Court Yanpo District Court Decision 2015, 198.