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(영문) 대구지방법원경주지원 2020.04.03 2020가합2076

추심금

Text

1. The defendant shall pay to the plaintiff KRW 493,376,884 as well as KRW 300,000,000 from February 18, 202 to the day of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no basis for recognition (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. The third party obligor, in the collection order of the partial dismissal portion, is liable for delay as to the amount equivalent to the amount of the claim seized to the execution creditor is not from the time when the execution court received a delivery of the collection order from the execution court, but from the next day after the execution creditor received a claim for the collection amount from the execution creditor after the issuance of the collection order (see Supreme Court Decision 2010Da47117, Oct. 25, 2012). There is no evidence to prove that the Plaintiff claimed for the collection amount

Therefore, with respect to KRW 300,00,000, for which the Plaintiff sought the payment of damages for delay, only the damages for delay from February 18, 2020 on the day following the delivery date of the instant complaint shall be recognized, and the part of the Plaintiff’s claim for damages for delay shall not be accepted.