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(영문) 수원지방법원성남지원 2020.03.13 2019가단209382

추심금

Text

1. The Defendant’s KRW 69,200,000 as well as 5% per annum from May 1, 2019 to March 13, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 18, 2012, the Plaintiff filed an application for provisional attachment of claim KRW 69,200,000,000, out of the Gyeonggi-gun D and E Real Estate Purchase-related Claim (hereinafter “instant Claim”) against the Defendant, as the debtor, the Defendant as the garnishee, and the Defendant as the third debtor, as the Suwon District Court Branch Branch of Suwon District Court Branch of 2012Kadan5441, and received a provisional attachment order from the court (hereinafter “instant provisional attachment”).

The above ruling was served on September 19, 2012 on the Defendant.

B. On October 9, 2012, the Plaintiff filed a lawsuit with the Suwon District Court 2012Kadan208434 against C seeking the payment of a loan of KRW 40 million.

The Plaintiff lost in the first instance court on March 8, 2013, but appealed with Suwon District Court 2013Na13594, and the appellate court revoked the first instance judgment and ruled that “C shall pay to the Plaintiff 40 million won with 44% interest per annum from July 7, 2012 to the day of full payment.”

The above judgment was finalized on May 23, 2014.

C. On May 29, 2014, based on the original copy of the above judgment, the Plaintiff: (a) designated the Defendant as the debtor; (b) transferred the instant provisional seizure to the principal seizure under Suwon District Court Branch Branch Branch of 2014TT7164; and (c) applied for a seizure and collection order for additional seizure of KRW 3.8 million from the court on June 11, 2014; and (b) received a decision to issue a collection order for the seizure and collection for KRW 73 million (hereinafter “instant collection order”).

The above ruling was served on July 14, 2014 on the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, barring any special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay from May 1, 2019 to the date of complete payment, which is the day following the delivery date of a copy of the instant complaint, with the collection order of this case (i.e., KRW 69,200,000 and KRW 3.8 million), barring any special circumstance.

In this regard, the plaintiff is involved.