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(영문) 대전지방법원천안지원 2016.01.20 2015가단102220

추심금

Text

1. As to the Plaintiff KRW 76,135,764 and KRW 70,00,00 among them, the Defendant shall pay to the Plaintiff KRW 76,135,764 from February 8, 2014.

Reasons

1. Determination as to the claim for collection amount

A. The facts of recognition 1) C, on December 21, 1999, entered into a contract with the Defendant for the supply of each real estate (hereinafter “D real estate”) listed in the Schedule 1 and 2 attached to [Attachment 1] owned by the Defendant on December 21, 199, with a view to securing the goods payment obligation due to the transaction with the Korea Chemical Co., Ltd. (hereinafter “KC”), with the consideration chemical Co., Ltd. (hereinafter all of the above companies referred to as “KC”), changed the trade name into the KC after the merger with the Geum River Chemical Co., Ltd. on March 31, 200; hereinafter the above companies completed the registration of the creation of a neighboring mortgage with the debtor C on August 29, 202, by representing the E (C's wife); and C entered into a contract for the supply of goods with the Defendant on September 9, 2002.

On September 19, 2002, the registration of change of the right to collateral security (the cause: the overlapping contract acceptance on September 13, 2002) with the debtor of the above right to collateral security was completed, and the defendant continued to supply goods with the defendant as collateral.

3) After November 1, 2012, KC received dividends of KRW 70 million as a mortgagee in the distribution procedure of the compulsory auction case (this Court FF and G (Dual) regarding D real estate). Meanwhile, on September 28, 2011, the Plaintiff filed a lawsuit against C to claim reimbursement of indemnity and return of unjust enrichment, and on September 28, 201, “C” was 5% per annum from June 29, 2010 to September 28, 2011; “C shall pay to the Plaintiff the amount calculated at a rate of 20% per annum from the next day to the date of complete payment” [The judgment of Daejeon High Court Decision 2008Na9493, 2008Na9523 (Joint), 2009Na9523 (Joint), 209Na4520 (Joint), 209Na4520 (Joint)].

5) On February 4, 2014, the Plaintiff’s credit against the Defendant in accordance with the above judgment (70 million won, acquired by C by subrogation against the Defendant as the primary debtor in the amount of KRW 70,000,000,000,000, which C acquired against the Defendant by subrogation.