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1. The defendant shall pay to the plaintiff KRW 56,35,720 and KRW 50,000 among them, the amount of KRW 56,35,720 from January 17, 2016 to the day of full payment.
Reasons
Description of Claim
Attached Form
The grounds for application are as stated in “the grounds for application”.
Judgment without Oral Proceedings (Article 208 (3) 1 of the Civil Procedure Act)
3. The dismissed part.
A. The Plaintiff asserts as follows as the cause of the instant claim.
1) The Seoul Eastern District Court 2014Kadan53937 filed a lawsuit against C with respect to the loan claim, and on March 13, 2015, the judgment that “C shall pay to the Plaintiff the amount of KRW 50 million with interest of KRW 20% per annum from November 20, 2014 to the date of full payment” (hereinafter “instant judgment”).
(2) On July 24, 2015, the judgment of this case became final and conclusive as it is. (2) The Plaintiff received a claim attachment and collection order (hereinafter “the instant collection order”) from the Defendant on July 24, 2015, as Seoul Eastern District Court Decision 2015TTTD and the lease deposit against C as to the Defendant under 201 (i.e., the principal amount of KRW 50 million) and KRW 56,335,720, out of the above judgment amount (i.e., the principal amount of KRW 50 million from November 20, 2014 to July 7, 2015). At that time, the instant collection order was served on the Defendant.
3) Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 50 million, which is the judgment amount of this case, and damages for delay calculated at the rate of 20% per annum from November 20, 2014 to the date of full payment. (B) However, since the instant lawsuit is a collection claim based on the collection order, the Plaintiff’s claim of this case cannot exceed the “amount of claim” of the instant collection order. Since the Plaintiff’s claim of this case includes damages for delay after July 8, 2015, which is not included in the amount of the claim of the instant collection order, and thus, the above excessive portion of claim cannot be accepted. Accordingly, the Defendant is the Plaintiff’s damages for delay from the collection amount of KRW 56,335,720 (50,000 and damages for delay until July 7, 2015) according to the instant collection order.