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(영문) 서울중앙지방법원 2020.10.15 2019가합551225

추심금

Text

1. The defendant,

A. The plaintiff A, 15,855,071 won, and 12% per annum from August 26, 2020 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant is a corporation whose business purpose is planning, producing, and publicizing cultural arts performances, and is the defendant's representative director D.

B. Plaintiff A: (a) obtained KRW 80,00,00 based on the original of a promissory note with executory force under each of the subparagraphs 1191, 201 and 867 of 2017, as a notary public’s notarial deed No. 1191, 2016 (i.e., KRW 30,000,000 on a notarized deed No. 11916; KRW 50,000,00 on a notarized deed No. 867, 2017; (b) Plaintiff B received a collection order under the notarial deed No. 253, 200,000 based on an executory exemplification of a notarial deed No. 253, Jun. 2018 on which the notary public received KRW 150,00,000 from the Defendant as each claim; and (c) obtained a collection order under the 200,000,0000 won and 305,0000.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 5 and 8, purport of the whole pleadings

2. The plaintiffs' assertion

A. Part 1 of a lump-sum claim is 2,83,33 won per month against the defendant from July 2019 to April 2020, when the collection order of this case was served on the defendant from July 2019 to April 2020. Accordingly, if the defendant excluded KRW 1,150,00 per month for which seizure is prohibited under the Civil Execution Act, among the above benefits, the amount of benefits that can be seized is 1,683,33 (=2,83,333 - 1,150,000). The total amount of benefits that can be seized during the above period is 16,83,30 [1,683,333 won per month] 】 10 months (from July 2019 to April 2, 200), 30,308, 3008, 300, 305, 308, 305, 308, 305, 300.

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