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(영문) 인천지방법원 2017.04.04 2017가단4118

추심금

Text

1. On February 14, 2017, Defendant A and B: (a) KRW 13,915,042 for each of the Plaintiff; and (b) KRW 13,915,052 for Defendant C and each of the above amounts.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. The Plaintiff partially dismissed the claim for damages for delay from the day following the date on which the Defendants received a collection order.

However, a collection order is limited to granting the creditor the right to collect the claim against the creditor to the creditor to the third debtor, and it does not require the third debtor to pay the creditor the amount equivalent to the amount of the claim seized to the creditor, or setting the payment deadline. Therefore, it is not from the time when the third debtor receives the collection order from the execution court, but from the date after receiving the claim from the execution creditor for the collection money after the issuance of the collection order.

(see Supreme Court Decision 2010Da47117, Oct. 25, 2012). Therefore, this part of the claim for delay damages from the date following the delivery of the collection order against the Defendants is rejected.