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(영문) 의정부지방법원 2018.05.25 2018가단2820

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 46,613,077 and the interest rate of KRW 15% per annum from March 21, 2018 to the day of complete payment.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The plaintiff partially dismissed shall also seek the payment of damages for delay from the day following the issuance of a collection order to the defendant.

However, a collection order is limited to granting the creditor the right to collect the claim against the creditor to the creditor to the third debtor, and it does not require the third debtor to pay the creditor the amount equivalent to the amount of the claim seized to the creditor, or setting the payment deadline. Thus, if the third debtor is liable for delay for the amount equivalent to the amount of the claim seized to the creditor, it shall be deemed that it is not from the time when the execution court receives the collection order from the execution creditor after the issuance of the collection order.

(see Supreme Court Decision 2010Da47117, Oct. 25, 2012). Therefore, the part seeking the payment of damages for delay until the delivery date of a copy of the complaint of this case is dismissed as it is without merit.