beta
(영문) 광주지방법원 2016.11.10 2015가합4360

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 268,00,000 and the interest rate of KRW 15% per annum from October 31, 2015 to the date of full payment.

Reasons

1. Basic facts

A. C had the Defendant’s representative director from August 2009 to January 201, 2014, and as of December 31, 2012, C had the Defendant’s loan claim amounting to KRW 1,450,000,000.

(hereinafter “The instant loan credit”). (b)

Based on the exemplification of the judgment with executory power in the loan case No. 2009Gahap2974, the Plaintiff filed an application for a seizure and collection order of KRW 268,00,000 among the loan claims of this case of this case of this case of this case of this case with the above court as the Gwangju District Court No. 2015, 12480, and the above court issued a seizure and collection order on August 5, 2015, and this was served on the Defendant on August 10, 2015.

[Reasons for Recognition] Facts without dispute, Gap 2 and 3 evidence, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, unless there are special circumstances, the defendant is obligated to pay the amount of KRW 268,000,000 to the plaintiff, who is the person holding the right to collect the loan of this case, and damages for delay.

3. Judgment on the defendant's defense

A. On December 31, 2014, the Defendant asserted that the instant loan claim had been extinguished by offsetting the instant loan claim amounting to KRW 537,165,473 against C with the automatic claim amounting to KRW 537,165,473, Dec. 31, 2014. Thus, the Defendant lent KRW 537,165,473 to C from April 201 to December 31, 2014. The Defendant expressed his/her intent to offset the instant loan claim amounting to KRW 537,165,473 against C with the Defendant’s automatic claim amounting to KRW 537,165,473 against the Defendant’s automatic claim amounting to KRW 537,165,473 on December 31, 2014. Thus, there is no dispute between the parties at that time the declaration of intent reached C’s automatic claim amount. Accordingly, the Defendant’s defense against the loan amount to KRW 3537,537,537.

B. The defendant's defense of offset shall be 608,834,527 won against C.