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(영문) 서울동부지방법원 2017.03.23 2016가단28263

전부금

Text

1. The Defendant’s KRW 53,708,129 as well as the Plaintiff’s annual rate of KRW 6% from August 4, 2016 to September 2, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied the oral accessories to B, and the Plaintiff produced the oral parts using the accessories supplied by the Plaintiff, etc., and then supplied them to the Defendant.

B. The Plaintiff’s claim for the amount of KRW 53,379,080, which the Plaintiff did not pay the amount of the goods, was provisionally seized by this Court No. 2016Kadan2176.

The above provisional attachment ruling reached the defendant on July 6, 2016, and at the time, the claim for the amount of goods against the defendant B was KRW 71,485,700.

C. The Plaintiff filed a request for a payment order against B with this court for the payment order that “B shall pay to the Plaintiff an amount of KRW 53,379,080 per annum from the day after the original copy of the payment order was served to the day of complete payment, and the expenses for demand procedure, at the rate of 15% per annum from the day after the original copy of the payment order was served to the day of complete payment.” The Plaintiff received the payment order from this court around July 7, 2016.

The above payment order was finalized around that time. D.

On July 29, 2016, the Plaintiff was issued a new assignment order based on the provisional attachment and assignment order (the assignment order based on the new attachment in respect of KRW 329,049) to which the provisional attachment was to be transferred to the original attachment, which was based on the provisional attachment that was to be transferred from this court as the debtor B and the third debtor as the defendant and the claim amount of KRW 53,708,129 (i.e., the above goods price of KRW 53,379,080, and KRW 329,049).

The above seizure and assignment order was served on the defendant on August 3, 2016, and it was finalized on the 30th of the same month.

[Ground of recognition] The non-contentious facts, Gap's evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant shall promote the lawsuit from August 4, 2016 to September 2, 2016, which is the day following the delivery date of the above seizure order and assignment order, to the plaintiff as a full payment of KRW 53,708,129, and from the following day to the day of full payment.

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