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(영문) 대구지방법원 2016.07.22 2015가단46659

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 28,712,805 and the interest rate of KRW 15% per annum from December 31, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against C on July 4, 2013 against the Daegu District Court 2012Gahap11055, and the said court received KRW 150,000 from the Defendant, and at the same time C was changed to E (after that, the trade name was changed to E).

hereinafter referred to as “foreign company”

With respect to 30,00 shares of the issuance, F declared that the Defendant expressed his intention of transfer on 20,000 shares, and notified the non-party company of the fact of transfer).

B. The Plaintiff provisionally attached the claim amounting to KRW 28,726,939 as the secured claim against C [the amount up to the claimed amount out of the amount that C would have received from the Defendant according to the final and conclusive judgment in the case No. 2012Gahap1055 (including the higher judgment in the above case)] by making the loan amounting to KRW 28,726,939 as the secured claim

(Seoul District Court Order 2013Kadan5989 dated August 22, 2013).

C,00,000

The Daegu High Court rendered an appeal against the judgment stated in the claim, and the appellate court rendered a judgment in the case No. 2013Na4129 on July 17, 2014 and the result thereof appealed only C, so even if unfavorable, C’s dismissal becomes a judgment;

On August 5, 2014, the defendant withdrawn the above lawsuit, and the above lawsuit was concluded on August 28, 2014 as the withdrawal of the defendant's lawsuit.

(hereinafter the above lawsuit No. 2012 A. 11055 (hereinafter referred to as “prior action”) D.

After that, the Plaintiff filed a loan suit against C, and the Daegu District Court rendered a decision to recommend performance on October 28, 2014 (C shall pay to the Plaintiff 5% per annum from July 1, 2006 to the day following the delivery of a copy of the complaint, and 20% per annum from the following day to the day of complete payment). The above decision was finalized on December 30, 2014.

E. Meanwhile, the Plaintiff was above.

With regard to the provisional seizure of claims as stated in the paragraph, the amount of preserved claims shall be either.