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(영문) 전주지방법원 남원지원 2018.10.24 2018가단788

추심금

Text

1. The Defendant: KRW 26,952,530 for the Plaintiff and KRW 5% per annum from May 10, 2018 to October 24, 2018; and

Reasons

① On October 23, 2017, the Jeonju District Court rendered a provisional attachment order of KRW 30,030,130 of the Plaintiff’s price for the goods against A at least 30,030,000 against the Defendant as the preserved right, upon the Plaintiff’s request on October 23, 2017, the Jeonju District Court issued a provisional attachment order of KRW 30,030,130 of the construction cost claim regarding the construction contract (hereinafter “instant claim”). The above ruling was delivered to the Defendant on October 25, 2017. ② The Plaintiff thereafter requested the attachment and collection order of the instant claim to the Defendant on December 23, 2017 between Jeonju District Court and Jeonju District Court, based on the order of demand for the release of the goods payment of KRW 20,030,000,000 to the Defendant on December 23, 2017, the previous Jeju District Court issued the provisional attachment order of KRW 30,017.

Therefore, barring any special circumstance, the Defendant, as the collection right holder of the instant claim, is within the scope of the amount ordered to seize and collect the instant claim in the determination of provisional seizure and the collection order, and the Plaintiff’s content-certified mail pertaining to the minimum remaining amount of the instant claim, as well as 26,952,530 won, and the Plaintiff’s contents-certified mail pertaining thereto, as of May 10, 2018, which begins from May 24, 2018 to October 24, 2018.

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