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(영문) 대구지방법원포항지원 2020.04.16 2018가단3104

추심금

Text

1. As to KRW 95,441,242 and KRW 138,242 among the Plaintiff, the Defendant shall pay to the Plaintiff the remainder of KRW 95,303,300 from February 27, 2018.

Reasons

1. Facts of recognition;

A. 1) On February 27, 2009, the Daegu District Court of Doldong District Court (hereinafter “the Foundation”) issued a collection order: C on February 27, 2009

(2) On February 22, 2018, the Plaintiff issued a payment order ordering the Plaintiff to pay the construction cost of KRW 53,833,400 and its delay damages (hereinafter referred to as “the payment order”), and on March 18, 2018, the foregoing order became final and conclusive on March 18, 2018. (2) On February 22, 2018, the Plaintiff received a claim attachment and collection order (hereinafter referred to as “the order of this case”) against the Defendant regarding all proceeds from use and operating funds, including usage fees, deposit, management fees, etc., paid in the name of the Defendant under the name of the Defendant, and the principal amount of KRW 150,59,40,400 = The claim amounting to KRW 96,546,146,146, and KRW 219,860, and the third obligor was served on the Defendant. < Amended by Act No. 15308, Feb. 26, 2018>

B. 1) At the time of the instant order, the representative of the Foundation was D at the time of the instant order, and the Defendant was a director of the Foundation at the time of the instant order as D’s father’s father’s father’s father’s wife. 2) The Defendant delivered D the cash card connected to the said account with D’s consent to the use of its own E-Union’s account (branch and F), and the fact that D paid all the money deposited into the said account for the business purpose of the Foundation.

3) Upon receipt of the instant order on February 26, 2018, the Defendant’s balance of the said account as of February 26, 2018 is KRW 138,242, and the sum deposited in the said account from the date of service to December 31, 2018 is KRW 95,303,00 in total. [In the absence of any ground for dispute, evidence Nos. 124, No. 124, No. 124, No. 14, and each of the financial transaction information and replys of the E Union,

2. Determination on the cause of the claim

A. The Plaintiff, the cause of the claim, is the total amount of claims for return of KRW 286,284,479, which the Foundation received from the Defendant from January 13, 2015 to December 31, 2018 from the Defendant, to the Defendant, and the amount of claims for the instant order.