beta
(영문) 청주지방법원충주지원 2015.12.09 2015가단22307

추심금

Text

1. The Defendant’s KRW 67,191,380 as well as 5% per annum from June 5, 2015 to August 18, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On July 31, 2013, the Plaintiff received a decision to provisionally seize KRW 67,191,380, out of the land expropriation price claim against the Defendant in B (hereinafter “instant provisional attachment”) in order to preserve part of the damage claim against the Defendant in Suwon District Court Decision 2013Kadan3374, and the decision was served on the Defendant, a garnishee, on August 2, 2013.

B. On May 4, 2015, the Plaintiff filed a lawsuit claiming damages against B as the principal lawsuit of the provisional attachment of this case against Suwon District Court, Sungwon District Court Branch 2014Gahap4077, and was sentenced by the above court on May 4, 2015 that “B shall pay the Plaintiff KRW 105,408,000 and its delay damages,” and the above judgment became final and conclusive around that time.

C. On May 27, 2015, the Plaintiff, based on the foregoing final judgment, was issued a decision to seize and collect the instant provisional seizure against KRW 67,191,380, among land expropriation price bonds against the Defendant in Suwon District Court Branch 2015TT 5958, and was served on the Defendant around that time.

On June 4, 2015, the Plaintiff requested the Defendant to pay the collection amount according to the decision of the seizure and collection order.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 67,191,380 won and 5% per annum as prescribed by the Civil Act from June 5, 2015 to August 18, 2015, which is the day following the day on which a claim for collection was filed with the plaintiff for payment, 20% per annum from such day to September 30, 2015, and 15% per annum from such day to the day of full payment (the statutory interest rate of 15% per annum is modified as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., changes to the statutory interest rate of 67,191,380 won and from such day after October 1, 2015).

Before the garnishee reimburses the debtor, the execution creditor has received a ruling of provisional seizure on the claims to be seized, and such provisional seizure shall thereafter be made the main seizure.