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(영문) 광주지방법원 2018.06.01 2017나7978

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. Basic facts

A. On October 15, 2016, C drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed No. 552”) with respect to the Defendant and the said loan as a notary public’s office No. 552 on the same day, as the interest rate of KRW 25 million per annum, the due date for repayment was determined and lent to the Defendant on January 4, 2017 (hereinafter “instant loan claim”).

B. On December 28, 2016, the Plaintiff lent 24% interest rate of KRW 55 million to C on a yearly basis, and on December 28, 2020, the due date for repayment was determined and lent as of December 28, 2020. On the same day, the Plaintiff drafted a notarial deed of a monetary loan loan contract for consumption (hereinafter “notarial deed No. 748”) under the No. 748, 2016, as to C and the above loans.

C. On the basis of the authentic deed No. 748, the Plaintiff filed an application for the seizure and collection order under the Gwangju District Court’s 2017TTT 1632 with the debtor and the defendant as the garnishee. On March 16, 2017, the Plaintiff received a collection order under the following details from the above court (hereinafter “instant collection order”).

The collection order of this case was served on the defendant around that time.

Amount of claim: Amount up to the above amount of claim out of the loans (including interest) which C holds against the defendant by means of a notarial deed No. 552 between C and the defendant (No. 552), which is to be seized and collected at KRW 26,409,076: The purport of the whole pleadings and arguments

2. The Plaintiff filed a claim against the Defendant for the payment of KRW 26,409,076 and the delay damages from the date following the delivery of the copy of the complaint in this case. However, the claim for seizure under the collection order in this case is interest at the rate of KRW 20,00,000 of the principal of the loan on October 5, 2016 and the rate of KRW 25% per annum thereon. The interest accrued from October 5, 2016 to May 30, 2017 when the duplicate of the complaint in this case was served on the Defendant from October 5, 2016 to May 30, 2017 (=20,000,000 x x 0.25 x 0.25 x 237/365 x less than KRW).