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(영문) 서울동부지방법원 2016.06.16 2015가단38980

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from October 2, 2015 to the day of complete payment.

Reasons

1. On April 15, 2014, the Plaintiff’s determination as to the cause of the claim: (a) as to the amount exceeding 1.5 million won; (b) as to the amount exceeding 2.5 million won but less than 6 million won, the remainder after deducting the tax and public charges from the monthly salary (this salary and allowances and the bonus to be paid periodically or periodically) which the notary public of the Dong-dong Seoul District Court 2014TT as to B receives from the Defendant as the title of execution of the notarial deed with the executory power prescribed in subparagraph 11.89 of Article 1112; and (c) as to the amount exceeding 1.5 million won and less than 2.5 million won and less than 2.5 million won, the Defendant did not have a duty to deliver the above notarial deed to the Defendant at the rate of 1.5 million won and less than 2.5 million won, and as to the remaining amount of the notarial deed, the Defendant did not have a separate duty to collect the amount of benefits from each of the Defendant’s 2.1.5 million won and 2.

2. On the judgment of the defendant's assertion, the defendant alleged that the above notarial deed prepared between the plaintiff and B was forged by C, and thus there is no claim against the plaintiff's B. However, the non-existence or extinction of the execution claim cannot be refused by the third debtor's assertion as a defense in the lawsuit for collection of the grounds for the execution claim's objection, since the non-existence or extinction of the execution claim cannot be denied. Thus, Supreme Court Decision 11 November 1, 1994.