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서울중앙지방법원 2018.12.21 2017가합583792

추심금

Text

1. Defendant C Co., Ltd.: (a) from October 9, 2018 to December 21, 2018, 55,600,696 won to Plaintiff B.

Reasons

1. Basic facts

A. On January 2, 2013, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) agreed to lend KRW 646 million to E at the rate of 1% per annum of December 31, 2013, interest month, and overdue interest rate of KRW 30% per annum. Plaintiff B agreed to May 20, 2014 for the repayment period of KRW 400 million to E on May 20, 2015 and 36% per annum of interest.

B. On July 4, 2016, the Plaintiffs (Seoul Eastern District Court 2016Gahap10587) as to E

On October 12, 2016, each of the loans mentioned in paragraph (1) and part of the damages for delay, the above court filed a lawsuit to seek payment, and on October 12, 2016, the above court rendered a judgment that "E shall pay to Plaintiff A 12% interest per annum from January 2, 2016 to August 19, 2016, and 15% interest per annum from the next day to the date of full payment, and the amount calculated at the rate of 380 million won per annum from August 20, 2016 to the date of full payment, and 30% interest per annum from August 20, 2016 to the date of full payment." The above judgment was finalized on November 11, 2016.

(hereinafter “final judgment of this case”). C.

Plaintiff

B (C) On October 25, 2016, by Seoul Eastern District Court Decision 2016TTT587, as to the wage claim in the Defendant C Co., Ltd. (hereinafter “Defendant C”), KRW 398,763,926 of the wage claim in relation to the Defendant Co., Ltd. (hereinafter “Defendant C”), was issued a seizure and collection order based on the final judgment of the instant case (hereinafter “instant collection order”), and the said seizure and collection order were served to Defendant C on October 28, 2016.

The Plaintiffs received a seizure and collection order based on the final and conclusive judgment of this case (hereinafter “instant second collection order” and “each of the instant collection orders” along with the instant collection order”) from the Seoul Eastern District Court 2016TTT 2016T 57702, and from the Defendant D (hereinafter “Defendant D”), the Plaintiffs were served on Defendant D on January 4, 2017, regarding KRW 1,150,67,833 (Plaintiff A:7,565, Plaintiff B:420,939,268), among the wage claims owed by E against Defendant D (hereinafter “Defendant D”).