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(영문) 대구지방법원서부지원 2014.06.12 2013가단28753

추심금

Text

1. The plaintiff's lawsuit against the defendant shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1-1, 2, 2-1, 2-3.

On September 2, 2009, the Plaintiff lent KRW 100 million to A by December 2, 2009, and at 49% per annum, and a notary public was drafted by A the deed of debt repayment contract No. 2462, 209.

B. On May 6, 2011, the Plaintiff requested the Daegu District Court 2011 Daegu District Court 201TTTT 10775, where the debtor and the third debtor are joint owners of the company (hereinafter referred to as the “non-party company”) for the seizure and collection order of the credit (such as loans, investment funds, investment dividends, etc.) which A holds against the non-party company on May 16, 201, and received a decision to order the seizure and collection of the credit amount until the total amount of KRW 140,30,000,000 among the credit (such as loans, investment funds, investment dividends, etc.).

C. On August 3, 2011, the Plaintiff filed a lawsuit against the non-party company seeking collection amounting to the Daegu District Court 201Gahap8618, which was sentenced to dismissal on October 26, 2011, but on May 3, 2012, the appellate court rendered a decision of compulsory adjustment (hereinafter “voluntary adjustment decision”) with the content that the non-party company would pay 100 million won to the Plaintiff by May 31, 2012. If the Defendant fails to pay the said money by the payment date, the non-party company would pay to the Plaintiff the amount calculated at a rate of 20% per annum from June 1, 2012 to the date of full payment.

Meanwhile, on September 21, 201, when the lawsuit for the above collection against the non-party company was pending, the Plaintiff’s total of KRW 160,1230,000,000 out of the total of the land and the purchase price claim for the land of the non-party company 750-3 and the building on the land of the non-party company 750-3 and the land of the non-party company held against the Defendant.