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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2021.03.11 2019가단5274731
추심금
Text

1. The Defendant’s KRW 151,351 as well as the Plaintiff’s annual rate from November 27, 2019 to March 11, 2021, and the next day.

Reasons

1. Basic facts

A. On July 26, 2007, the Plaintiff filed an application for provisional seizure of the claim against the Defendant as Seoul Eastern District Court 2007KaMa7153, and was decided by the above court to provisionally seize the claim amounting to KRW 700,000,000 among the deposit claims against the Defendant by the obligor against the Defendant.

B. On April 24, 2014, the Plaintiff filed a lawsuit against C Co., Ltd. with 2013 Seoul Eastern District Court 17245, and sentenced C Co., Ltd. (hereinafter “instant debtor”) to pay 269,000,000 won to the Plaintiff and 6% per annum from October 15, 2004 to December 26, 2013, and 20% per annum from the next day to December 26, 2013, the above judgment became final and conclusive around that time.

(c)

On October 18, 2019, the Plaintiff filed a provisional seizure and collection order against the above provisional seizure as Seoul Eastern District Court 2019, the Seoul Eastern District Court 2019, and applied for provisional seizure from the above court to the provisional seizure of KRW 700,000 among the deposit claims based on the provisional seizure order against the debtor and the defendant of this case, the provisional seizure of KRW 24,560,712 among the deposit claims based on the provisional seizure order against the above provisional seizure between the debtor and the defendant of this case was transferred to the provisional seizure, and the remaining KRW 24,560,712 was seized, and the Plaintiff may collect the above provisional seizure.

On October 23, 2019, the above ruling was served on the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap 1 through 5 evidence (including a number of evidence; hereinafter the same shall apply) and the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff asserted that the plaintiff received a seizure and collection order against the deposit claim held by the debtor of this case against the defendant. Thus, the defendant is obligated to pay to the plaintiff the amount of KRW 40,000,000, which actually exists within the scope of KRW 700,000,000, which is subject to the seizure and collection.

B. 1) We examine the case, and the Plaintiff’s claim.

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