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(영문) 서울남부지방법원 2014.09.17 2014가단21483

추심금

Text

1. The defendant shall pay 49,00,000 won to the plaintiff and 20% per annum from March 7, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. Seoul T&C Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) had a claim for the payment of the tank work amounting to KRW 64,000,000 against the Defendant and B (representative director).

B. Accordingly, the non-party company filed an application with the Defendant and B for payment of the amount of KRW 64,000,000 per annum from the day after the original copy of the payment order was served to the day of complete payment. The above original copy of the payment order was served on Samho Co., Ltd. on March 10, 2010 and on March 12, 2010, respectively, and became final and conclusive around that time.

C. The Plaintiff, based on the original copy of a ruling of recommending reconciliation with executory power in the case of the purchase price of goods by Suwon District Court 201Ga22982 against the Nonparty Company, issued a seizure and collection order against the Defendant of the Nonparty Company with respect to the above claim amounting to KRW 49,00,000 by Suwon District Court 203TT21591. The above seizure and collection order was served on the Defendant, who is the garnishee, on September 27, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the determination and conclusion, the Defendant is obligated to pay the Plaintiff the amount of KRW 49,00,000 collected and the damages for delay calculated by the rate of 20% per annum from March 7, 2014 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, to the day of full payment.

Therefore, the plaintiff's claim of this case is accepted as reasonable.