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(영문) 부산지방법원 2017. 04. 26. 선고 2016가합49453 판결

체납법인의 대여금에 대해 추심금 지급의무가 있음[국승]

Title

The delinquent corporation is obligated to pay the collected amount for the loan.

Summary

A loan received from a delinquent corporation may be claimed for the performance of the obligation to the third debtor on behalf of the creditor, who is the delinquent, within the scope of the delinquent amount.

Related statutes

Article 41 (Procedures for Attachment of Claims)

Cases

2016 Gohap49453 Collection Money

Plaintiff

Korea

Defendant

○○○○ Corporation

Conclusion of Pleadings

April 12, 2017

Imposition of Judgment

April 26, 2017

Text

1. The defendant shall pay to the plaintiff 581,002,860 won with 15% interest per annum from February 9, 2017 to the day of complete payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Grounds for claim;

The reasons for the attached Form shall be as shown in the attached Form.

2. Applicable provisions;

Judgment by deemed confession (Article 208 (3) 2 of the Civil Procedure Act)