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(영문) 의정부지방법원고양지원 2015.04.30 2014가합53455
추심금
Text

1. The Defendant’s annual interest in KRW 156,723,287 and KRW 140 million among the Plaintiff, from May 29, 2014 to August 1, 2014.

Reasons

1. Facts of recognition;

A. On August 16, 2012, the Defendant stated that “The contract amount: KRW 10 million, the first intermediate payment: KRW 40 million, and the second intermediate payment: the remainder of the deposit for lease on a deposit basis” to C on August 16, 2012, the Defendant stated that “The contract amount: KRW 10 million, the first intermediate payment: KRW 40 million, and the second intermediate payment: the remainder of the deposit for lease on a deposit basis.”

the contract was given by setting forth the contract.

C has completed the instant construction work around May 2013.

B. On June 10, 2013, the Plaintiff received a decision of provisional seizure against a claim that “The debtor: the defendant and the third debtor: the claim: the right to claim the return of the investment deposit as of February 1, 2013, the right to claim the provisional seizure against a claim for the construction deposit as of February 1, 2013: the amount up to KRW 140,000,000 out of the amount of the instant construction deposit held by the debtor

(Y) The provisional attachment order of this case was delivered to the Defendant on June 14, 2013. (3) The provisional attachment order of this case was delivered to the Defendant on the High Court Decision 2013Kadan50349 (hereinafter “instant provisional attachment order”).

C. On July 31, 2013, the Plaintiff filed a lawsuit against C seeking the return of the investment amount (Seoul District Court 2013Gahap6919), and on April 9, 2014, the Plaintiff was sentenced by the competent court that “C shall pay to the Plaintiff the amount of KRW 140 million with interest of KRW 140 million and the interest rate of KRW 20% per annum from September 16, 2013 to the date of complete payment,” and the judgment became final and conclusive as it is through the appellate court.

On April 23, 2014, the Plaintiff received a collection order (hereinafter “instant collection order”) stating that “The principal of KRW 140 million, out of the proceeds of the instant construction works, shall be transferred from provisional seizure (the foregoing 2013Kadan50349), to the original seizure, and KRW 16,723,287 (the delayed damages) shall be seized.”

The instant collection order was served on May 28, 2014 on the Defendant.

[Reasons for Recognition] Facts without dispute, Gap 3, 4, 5, 6, 8, 10, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant shall pay to the plaintiff as the collection obligee KRW 156,723,287 = 140 million.

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