logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.02.07 2017가단50208
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 3,771,720 as well as 15% per annum from January 19, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On October 22, 2015, the Plaintiff filed a lawsuit against Seogu District Court Decision 2015Ga3482, and rendered a judgment on October 22, 2015, that “C shall pay to the Plaintiff 44,510,340 won with 6% per annum from September 1, 2014 to January 30, 2015, 20% per annum from January 31, 2015 to September 30, 2015, and 15% per annum from the next day to the day of full payment.” Accordingly, C appealed appealed with 2015Na17072, but the judgment was final and conclusive around the time the appeal was dismissed.

(hereinafter referred to as “previous judgment”). (b)

Meanwhile, from July 2014 to September 2014, the Defendant was supplied with KRW 3,771,720 to KRW 3,720.

C. On December 31, 2014, the Plaintiff, as indicated in the foregoing paragraph (a), was served on the Defendant on January 5, 2015 upon receipt of a provisional attachment order regarding the claim of KRW 10 million from among the original claim that C has against the Defendant by taking the Plaintiff’s claim for the price of goods against C as the preserved right, as stated in the foregoing paragraph (a), and upon receipt of the provisional attachment order, the Plaintiff served on the Defendant on January 5, 2015. On August 18, 2016, the Plaintiff, based on the previous judgment, was served on the Daegu District Court Seo-gu District Court Branch Branch 2016TT569, the original claim of KRW 14 million from among the original claim of KRW 14 million against the Defendant by obtaining a seizure and collection order, and the relevant collection order was served on the Defendant on August 23, 2016.

(However, the portion of KRW 10 million out of the original claim of KRW 14 million is transferred to the seizure on December 31, 2014 and is new seizure only for the remainder of the claims; hereinafter "the collection order of this case"). [Grounds for recognition] There is no dispute, Gap evidence 1-2, Gap evidence 3-1 through 3, and Gap evidence 5, and the submission of tax information and response against the internal tax obligation of KRW 14 million, the whole purport of the pleadings, as a result of the submission of the submission of tax information, and the purport of the whole pleadings.

2. Determination

A. According to the above facts, C before the collection order of this case is issued, the original amount of KRW 3,771,720 against the Defendant.

arrow