beta
(영문) 서울남부지방법원 2019.08.22 2019가합101435

추심금

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff applied for a payment order against D Co., Ltd. (hereinafter “D”) with the purport that “97,450,00 won per annum 15% per annum from the day following the delivery of the original copy of the payment order to D Co., Ltd.” (hereinafter “D”), and the payment order as of July 9, 2018 became final and conclusive on July 27, 2018. (b) On August 13, 2018, the Seoul Central District Court 2018Da112409, the obligor D, 3 obligor, the claimed amount of KRW 98,543,254, the amount of KRW 170,000, which was calculated at the rate of KRW 15% per annum from the third obligor to the day of complete payment.” The Plaintiff received the payment order as of KRW 70,70,000 from the Seoul Central District Court 20, Seodongdong-dong, Seoul High District Court 270,000.

On August 13, 2018, the appointed party received the order of seizure and collection as to the above amount among the claim for construction cost of this case as the debtor D, the garnishee, the defendant, the claim amount of KRW 209,58,227 from the Seoul Central District Court 2018TTT 2018.

The above decision was served on the defendant on August 17, 2018.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The Plaintiff and the designated parties (hereinafter “Plaintiffs, etc.”) have against the Defendant.