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(영문) 광주지방법원 2020.07.08 2019가단17923

추심금

Text

1. The Defendant’s KRW 73,726,027 as well as 5% per annum from September 12, 2019 to July 8, 2020 to the Plaintiff.

Reasons

Basic Facts

On February 7, 2017, the Plaintiff leased KRW 200,000,00 to D Co., Ltd. (hereinafter “D”) at the maturity of February 6, 2018, at the rate of 12% per annum, and at the rate of 25% per annum. On the same day, D and its representative director drafted a money loan agreement No. 123 of which the amount borrowed is KRW 300,000,000 by a notary public, law firm F. 200 (hereinafter “notarial deed of this case”).

D did not pay interest to the Plaintiff, and did not pay the loan obligations even after the maturity date.

The Plaintiff: (a) based on the authentic copy of the instant notarial deed with executory power, filed an application for a seizure and collection order as to “the amount until the amount reaches the above claim amount in 70,000,000 won among the rents for G and H collection of earth and stone which D has against the Defendant; (b) obtained a seizure and collection order (hereinafter “the instant seizure and collection order”) from the above court on April 20, 2018, and damages for delay from February 7, 2018 to April 18, 2018; and (c) obtained a seizure and collection order (hereinafter “the instant claims and collection order”) from the Defendant on April 20, 2018, and the instant claims and collection order reached the Defendant on April 20, 2018.

The Defendant paid the Plaintiff totaling KRW 10,000,000 on July 23, 2018, KRW 20,000 on July 27, 2018, KRW 10,000,000 on August 20, 2018, KRW 10,000 on August 30, 2018, KRW 10,000 on August 30, 2018, KRW 20,000 on October 31, 2018, KRW 20,000 on December 4, 2018, KRW 10,000 on February 1, 2019, KRW 60,000 on May 24, 2019, KRW 60,000 on KRW 60,000 on 160,000.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the whole purport of pleadings, and the ground for claim by this court. The plaintiff's assertion as to the ground for claim by this court shall be appropriated to the principal of the debt under the Notarial Deed as of each payment date, and the remaining loans shall be appropriated from the day following each payment date.