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(영문) 서울동부지방법원 2017.02.09 2016가단106910
추심금
Text

1. The Defendant’s KRW 95,723,858 as well as 5% per annum from March 17, 2016 to February 9, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On November 3, 2015, the Plaintiff filed an order with the Incheon District Court 2015 tea27398 to pay the purchase price of goods with respect to B, and “B shall pay to the Plaintiff 92,511,800 won per annum from August 18, 2015 to the service date of the payment order, 6% per annum from August 18, 2015, and 15% per annum from the next day to the day of complete payment,” and the said payment order was served to B on December 17, 2015, and became final and conclusive as is January 1, 2016.

B. B, with the trade name of “C”, supplied the Defendant, who is engaged in the business of processing the money in the name of “D” from October 10, 2014 to October 23, 2015, an amount equivalent to KRW 970,079,850, while engaging in the business of supplying the money.

C. On October 29, 2015, the Plaintiff received a provisional attachment order against the Defendant as the Incheon District Court 2015Kadan102949, and around that time, the provisional attachment order was served on the Defendant. On February 3, 2016, the amount claimed as KRW 95,723,858 was KRW 95,70, which was issued by the Incheon District Court 2016TTTTT50832 regarding the amount until the amount reaches the above claim out of the claim amount against the Defendant of the goods payment claim against B. This was served on the Defendant on February 11, 2016.

[Ground of recognition] Facts without dispute, Gap 1-7 evidence, each entry, each order for submission of tax information about the original tax secretary and sexual East tax secretary, and the purport of the whole pleadings.

2. The assertion and judgment

A. Comprehensively taking account of the above facts acknowledged, the Defendant is obligated to pay 95,723,858 won, which is the amount of the Plaintiff’s seizure and collection order, among the goods-price claims against the Defendant in B, and to pay damages for delay at each rate of 15% per annum as prescribed by the Civil Act from March 17, 2016 to February 9, 2017, the date following the service of the instant complaint, which is the day when the Defendant served with the instant complaint, to dispute the existence and scope of the obligation.

Do. Other.

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