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(영문) 전주지방법원 2018.11.30 2016나2676

추심금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On July 3, 2015, the Plaintiff filed a payment order against C with the Jeonju District Court 2015Guj893, which issued a payment order with the purport that “C shall pay to the Plaintiff the amount of KRW 33,656,700 with interest rate of 20% per annum from the day after the payment order was served to the day of complete payment,” and the above payment order was finalized around that time.

B. The Plaintiff: (a) issued a collection order for KRW 34,584,573 based on the original copy of the above executory payment order (i.e., the principal amount of KRW 33,656,70, KRW 927,873) with the claim claim; and (b) on August 31, 2015, with the Kim Jong-si Construction Price Claim (hereinafter “C”) with the same court 2015TT4895, which was held against the Defendant, issued a seizure and collection order for KRW 34,584,573 of the above claim amount among the construction cost claim (hereinafter “the instant construction cost claim”); and (c) issued a seizure and collection order for the above claim attachment and collection to the Defendant, who is the debtor on September 23, 2015.

(hereinafter “instant collection order”). C.

C and the Defendant filed a lawsuit against the Defendant on the claim for the construction cost of this case under the Jeonju District Court Decision 2015Da31799, and rendered a favorable judgment on July 26, 2016. However, the Defendant appealed as the Gwangju High Court Decision 2016Na12101, and the above court is obligated for the Defendant to pay C totaling KRW 638,997,050,050, including the construction cost of this case, but the Defendant is obligated to pay C the sum of KRW 503,40,000, including the amount repaid by the mutual aid holder, and the amount of the claim subject to a collection order or assignment order, including the collection order of this case, KRW 123,848,568, and KRW 123,848,568, and KRW 2018, 2929, May 29, 2018.