추심금
1. The Defendant shall pay to the Plaintiff 32,053,079 won and 15% interest per annum from April 20, 2018 to the date of full payment.
1. Basic facts
A. C has been engaged in gold contract transactions with the Defendant from around 2006 to 2016.
C The gold details supplied upon order from the Defendant in 2016 are as follows:
On January 15, 2016, JIT-1424 GALE 473 181,50,150,000 won for additional model cost of RAC 473 on March 31, 2016, KRW 400,000 for 40,000 for model alteration cost of KRW 41,50,000 on March 31, 2016, KRW 40,150,00 for model alteration cost of KRW 41,50,00 for 40,150,00 for JIT601-64 WY model cost of KRW 132,00,000 on June 20, 2016, KRW 00 for model alteration cost of KRW 41,500,00 for 0,000, KRW 1360,000 for model model cost of KRW 132,00,000 for 00.
B. On March 16, 2018, the Plaintiff issued a claim attachment and collection order (hereinafter “instant attachment and collection order”) from the Seoul Southern District Court on March 16, 2018, with respect to the claim for the price of goods in the amount of KRW 32,053,079 (specific: KRW 31,206,002, interest 461,677, interest for demand procedure, KRW 358,90, enforcement cost, KRW 26,500, based on the executory order for the payment order for the goods price of KRW 2017,303, which is the debtor, to the Defendant who is a third debtor. On March 21, 2018, the above attachment and collection order were served on the Defendant who is a third debtor, and became final and conclusive at that time.
C. On the other hand, on July 27, 2016, C prepared a confirmation document of facts as follows and delivered it to the Defendant.
(hereinafter referred to as “the instant settlement agreement”). C himself/herself confirms that his/her balance of the gold production costs produced upon entrustment by the Defendant on July 5, 2016 remains, but he/she fails to complete the gold production costs within the due date due to the circumstance that the Defendant did not have the authority to claim the Defendant for the balance of the balance because the payment and other completion costs for the purpose of the completion of the penalty are not due to the fact that he/she did not have the authority to claim it.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings
2. A summary of the Parties’ assertion.