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(영문) 수원지방법원 2015.03.27 2014가합63103

전부금

Text

1. The Defendant: (a) KRW 390,978,182 to the Plaintiff; and (b) 5% per annum from April 22, 2014 to March 27, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit for damages against the Jeonjin Electric Co., Ltd. (hereinafter “ Jeonjin Electric”), and rendered a favorable judgment with the Seoul Central District Court 201Gahap130615, that the Jeonjin Electric Co., Ltd. paid the Plaintiff the principal amounting to KRW 2 billion and the interest or delay damages calculated at the rate of 6% per annum from November 17, 2011 to May 1, 2012, and 20% per annum from the next day to the date of full payment. The judgment became final and conclusive on October 1, 2013.

B. Based on the executory exemplification of the above judgment with respect to the electric power, the Plaintiff filed an application for the attachment and assignment order of KRW 390,978,182, which is a part of the above judgment, against the Defendant in the electric power, for the attachment and assignment order of KRW 390,978,182, which is a total of KRW 45 claims against the Defendant in the electric power, as the total of claims amount of KRW 2014,72, against the Defendant in the electric power. On April 1, 2014, the Plaintiff received from this court the attachment and assignment order of claims (hereinafter “instant attachment and assignment order”).

C. On April 7, 2014, the instant attachment and assignment order was served on the Defendant and became final and conclusive on April 18, 2014.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1, and Evidence No. 2-2, the purport of the whole pleadings

2. Existence of obligation to pay in full;

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff as the whole creditor KRW 390,978,182, which is the total amount of the claim amount, out of the total amount of the price of the goods for the electric power, and delay damages therefor, unless there are special circumstances.

B. (1) The summary of the Defendant’s assertion regarding the Defendant’s defense, etc. (1) was served on the Defendant prior to the issuance of the Plaintiff’s instant seizure and assignment order, and on the Airnet Co., Ltd., another creditor of the electric power (hereinafter “Banet”), a collection order was served on the Defendant. Since the sum of the seizure amount of each of the above seizure orders exceeds the amount of claims subject to seizure, the instant assignment order was issued under the competition of seizure.