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(영문) 서울중앙지방법원 2018.05.24 2018나5064
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a claim for the payment of the price of goods against Go-Jon Co., Ltd. and Go-Jon Co., Ltd. (Seoul Central District Court 2016 tea215866).

On June 29, 2016, the above court issued an order for payment (hereinafter “instant order for payment”) to the effect that “I shall jointly and severally pay to the Plaintiff 447,020,685 won with interest of 15% per annum from the day following the delivery of the original copy of the instant order for payment to the day of full payment.” The above order for payment was finalized on July 19, 2016.

B. Go-Jin Co., Ltd. filed a lawsuit against the Defendant for the claim for construction price payment against the Defendant, Jin-do Co., Ltd. (Seoul District Court Decision 2014Da12327).

On December 4, 2014, the above court rendered a ruling that “the defendant shall pay 22,00,000 won to Go-do Co., Ltd. and 20% interest per annum from April 18, 2014 to the day of full payment” (hereinafter “instant ruling”), and the above ruling became final and conclusive.

C. On January 5, 2017, the Plaintiff received the claim amounting to KRW 478,618,31 [the principal interest of KRW 447,020,685, and interest of KRW 31,597,626 (the interest rate of KRW 15% per annum for principal) from July 5, 2016 to December 23, 2016] from among the claims owned by Goin-do Co., Ltd. to the Defendant according to the instant judgment, with the Plaintiff’s claim for execution based on the instant payment order as the execution bond. The original collection order was served on the Defendant on January 13, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3 (including branch numbers), the purport of the whole pleadings

2. Determination

A. The Plaintiff 1 asserted by the parties to the collection order of this case.

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