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(영문) 서울중앙지방법원 2016.10.26 2015가합1388

추심금

Text

1. The Plaintiff:

A. Defendant B’s KRW 117,140,838 as well as 20% per annum from November 26, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit for the return of investment amount with the Seoul Southern District Court Decision 2013Kahap14034, the Seoul Southern District Court (hereinafter “Seoul Southern District Court”), and rendered a judgment against the Plaintiff on June 12, 2014 that the Plaintiff shall pay to the Plaintiff KRW 220,00,000 and the amount equivalent to 6% per annum from September 1, 2012 to August 28, 2013, and the amount equivalent to 20% per annum from the next day to the date of full payment, and the amount equivalent to 20% per annum from the next day to the date of full payment, and the above judgment was finalized around that time.

B. On July 14, 2014, the Plaintiff: (a) received a seizure and collection order against the non-party company’s claim for the amount of claim based on the amount of claim based on the said final judgment; (b) on October 6, 2014, with respect to the claim for the amount of claim for the amount of claim for the amount of land payment that the non-party company owned against the Defendants (hereinafter “instant seizure and collection order”); (c) the original copy of the seizure and collection order was sent to Defendant B, Defendant C on August 11, 2014, and Defendant C on July 17, 2014, respectively. < Amended by Act No. 12837, Oct. 6, 2014>

C. On the other hand, on May 18, 2007, the Residents Development Committee (hereinafter “Residents Development Committee”) entered into an enforcement service contract with the non-party company, which entrusts the non-party company with the implementation of the E residential environment improvement project as proxy and consulting affairs (hereinafter “instant contract”). For the implementation of the project, the non-party company paid the price of the state-owned and public-owned land that the residents would be absent to pay on behalf of the non-party company.

The Defendants, a resident of E, entered into a contract to purchase shares in F land in Seodaemun-gu Seoul from the State around May 2008 under the instant contract. Nonparty Company paid KRW 117,140,838 to Defendant B’s share in purchase of each of the above land as down payment and indemnities at that time, KRW 20,342,39 to Defendant C’s share in purchase, and KRW 19,36,220 to Defendant D’s share in purchase.

In each case, "each case".