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(영문) 인천지방법원 2015.11.27 2015가단26916
추심금
Text

1. The Defendant’s KRW 10 million and the Plaintiff’s annual interest thereon from July 17, 2015 to November 27, 2015 and the next day.

Reasons

1. The determination of the cause of the claim was made with the Defendant on February 17, 2014, entering into a franchise agreement as to the franchise store "D" within the YAFC (hereinafter "non-party company"). At around that time, E paid KRW 10 million to the non-party company instead of the Defendant. The Plaintiff, based on the authentic copy of an executory monetary loan contract, No. 1012 and No. 311 of March 2012, 2015, based on the authentic copy of an executory monetary loan contract, No. 1012 and No. 311 of March 9, 2015, issued a bond seizure and collection order (hereinafter "the collection order in this case") with the Defendant on March 17, 2015. The above collection order was neither delivered to the Defendant on December 3, 1201, nor was it disputed between the parties, nor was it acknowledged as the whole evidence and the purport of pleading as a whole.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 10 million and the amount calculated by the ratio of 5% per annum under the Civil Act from July 17, 2015 to November 27, 2015, which is the date following the delivery date of a copy of the complaint of this case, to the plaintiff as to the existence and scope of the defendant's duty of performance, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

The plaintiff asserted that E paid KRW 20 million to the non-party company instead of the defendant to the non-party company as the deposit amount of the above franchise agreement, but there is no evidence to acknowledge this, and therefore the plaintiff's assertion on this part

2. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and it is rejected as the remaining claim is without merit.

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