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(영문) 의정부지방법원고양지원 2016.06.10 2016가단8483

추심금

Text

1. The Defendant’s KRW 29,121,00 for the Plaintiff and 5% per annum from April 22, 2016 to June 10, 2016.

Reasons

The defendant paid 85,811,00 won of the cost of construction for the PC mobile communication facilities of Mapo-gu (hereinafter "the cost of construction of this case") between the non-party 2 and the non-party 3, and paid 25,119,600 won for the last day of November 7, 2008 thereafter, the defendant was notified of the claim for the above construction cost by seizure in Seocheon Tax Office around March 2009, and the non-party 2, who is the creditor of the non-party company, filed a lawsuit seeking the payment of the collection amount against the defendant upon receiving the attachment and collection order as to the claim for the construction cost of this case, and on May 24, 2010, the court issued the order of 28,69,980 won to B, and 20% of the annual interest rate of 20% from December 12, 2009 to the date of full payment, and the plaintiff paid the above judgment to the non-party 316,614,66601, respectively.

According to the above facts, since the claim for the construction cost of this case at the time when the seizure and collection order of this case arrived at the defendant, remains 29,121,422 won (25,81,00 won - 25,119,600 won - 31,569,978 won) as at the time when the above seizure and collection order of this case arrived at the defendant, the defendant has to dispute over the existence and scope of the obligation of this case from April 22, 2016 to June 10, 2016 on the record clearly stating that it is reasonable for the defendant to dispute on the existence and scope of the obligation of this case to the plaintiff from April 22, 2016 to June 10, 2016, and the next full payment is made.

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