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(영문) 대구지방법원 2016.05.27 2015가단196

추심금

Text

1. The Defendant’s KRW 44,078,738 as well as the Plaintiff’s annual rate from January 10, 2015 to May 27, 2016, and the following.

Reasons

1. Basic facts

A. Upon the Plaintiff’s filing of a claim against B (the operator of “C”) who was engaged in the manufacture and wholesale business of textile, the Seogu District Court ordered B to pay B the amount of delay damages at the rate of 20% per annum from the day following the service of the original copy of this payment order to the Plaintiff [4,803,813 won and the amount of delay damages at the rate of 40% per annum from the day following the service of the original copy of this payment order] on September 29, 201, and the above payment order was served to B on September 29, 2011, and became final and conclusive as of October 14, 201.

B. Upon the Plaintiff’s application for the seizure and collection order against the debtor B and the third debtor as the title of the above payment order, the Daegu District Court issued 45,981,333 won in total of the principal and interest (67,400 won falling under September 30, 201 to October 27, 201), the payment procedure expenses (264,760 won), and the execution expenses (2225,360 won) in the case of the above payment order, on October 31, 201, in which the debtor applied for the seizure and collection order against the debtor B and the third debtor as the title of the above payment order. The above order was served on the Defendant on November 4, 2011.

C. The Plaintiff received dividends from the compulsory auction case of real estate (Tgu District Court D and E (Dupl) on May 25, 2012, in which the Plaintiff applied for a compulsory auction on the real estate owned by B with the same amount as the sum of the principal and the expenses for demanding the payment of the said principal and the expenses for demanding the payment of the said principal, and among them, the amount of interest on the said principal and interest on the said principal and the real estate owned by B was distributed to the Plaintiff on May 25, 2012 (the sum of the principal and interest KRW 45,068,573 and interest KRW 5,842,908).

Meanwhile, according to the result of the submission of each of the financial transaction information to the President of the National Bank of Korea on December 10, 201, 100,000 won on “F Co., Ltd.” for the purpose of wholesale business, and the Defendant appears to be KRW 23,081,024 in Korean won on December 28, 2011, according to the result of the submission of each of the financial transaction information to the President of the National Bank of Korea on December 28, 2011, the Defendant paid KRW 23,081,024 in Korean Won. The Defendant paid KRW B (C) to the Defendant on December 30, 2011.