추심금
1. The Defendant shall pay to the Plaintiff KRW 19,094,625 and the interest rate of KRW 20% per annum from December 25, 2013 to the day of full payment.
1. Facts of recognition;
A. On February 21, 2012, the Plaintiff’s payment order against C applied for a payment order to C with the Seoul Central District Court on February 21, 2012, “C shall pay the Plaintiff 5% interest per annum from July 31, 2010 to the service date of the instant payment order, and 20% interest per annum from the next day to the day of complete payment.” The payment order against C reached C on March 12, 2012 and became final and conclusive around that time.
(Seoul Central District Court Law 2012j 11351, hereinafter referred to as the "instant payment order"). (b)
C's claim for confirmation of the amount of litigation costs against D(1) C filed a lawsuit against D to claim a contract amount (Seoul Central District Court Decision 2008Gahap93082) and received a partial winning judgment (Seoul High Court Decision 2009Na71772) at the appellate court, and the above judgment became final and conclusive as it is.
(2) In the instant lawsuit case (Seoul Central District Court Act 2011Kao 3139), this Court rendered a decision on October 5, 2011 to determine the amount of the litigation cost to be returned to C as KRW 41,013,478.
(Claims equivalent to the above costs of lawsuit are “Claims for Litigation Costs of this case”). (C)
The Plaintiff’s attachment and assignment order against D was served on D on November 14, 2012 and on November 26, 2012 with respect to C’s claim for the instant payment order against D (41,013,478 won) with its executive title as the title of execution, and was issued with respect to D’s claim for the instant litigation cost (41,013,478 won). The Plaintiff was served on D on D on November 14, 2012, respectively, and on December 4, 2012.
(Seoul Central District Court Decision 2012TTTT 34897, hereinafter referred to as "the assignment order of this case") d.
(1) On March 19, 2013, the Plaintiff’s claim against the Defendant and the Defendant’s claim for reimbursement against D, as the successor of C on March 19, 2013, with the execution right of the instant litigation cost as the execution right of C, until the amount reaches KRW 41,013,478 by adding 1/2 of the balance obtained by deducting taxes and public charges from the benefits claim against D.