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(영문) 서울남부지방법원 2016.04.07 2015가단232624
추심금
Text

1. As to Plaintiff A, the Defendant: (a) KRW 75,771,840; (b) KRW 21,679,430; and (c) KRW 21,679,430; and (b) each of the said money, from October 8, 2015 to October 2016.

Reasons

1. Facts of recognition;

A. Plaintiff A filed an application with the Seoul Northern District Court for a payment order of KRW 20% (20% per annum from February 11, 2014 to the date of full payment) with respect to Dativeia Co., Ltd. (hereinafter “Dativeia”), which is the Seoul Northern District Court Decision 2014Ra269, the Plaintiff filed an application for a payment order of KRW 75,771,840, and KRW 20% per annum from February 11, 2014 to the date of full payment, and the order became final and conclusive February 25, 2014. (b) Plaintiff B filed an application for a payment order of KRW 25,00,000 with the Suwon District Court Decision 200,000 and KRW 20% per annum from August 1, 2014 to the date of full payment. The order became final and conclusive on August 15, 2014.

C. Plaintiff A requested the Suwon District Court 2014TTA to order the seizure and collection of the claim amount of KRW 77,160,000 based on the above payment order. On March 19, 2014, the above court issued the seizure and collection order of the claim and served the Defendant, who is the garnishee on March 24, 2014. Plaintiff B served the garnishee and the Defendant as the garnishee, and the third obligor; Plaintiff B applied for the seizure and collection order of the claim amount of KRW 26,039,30 based on the above payment order with the Suwon District Court 2014TT23591 based on the claim amount of KRW 26,00,000. The above court issued the seizure and collection order of the claim on October 20, 2014 and served the Defendant on October 23, 2014, each of which became final and conclusive.

No. D. received a favorable judgment against the Defendant that “the Defendant shall pay to the Plaintiff (D) the amount of KRW 273,426,356 and the amount calculated at the rate of 5% per annum from January 8, 2013 to July 24, 2014, and 20% per annum from the next day to the date of full payment” by filing a lawsuit claiming the purchase of goods with the Suwon District Court 2012Ga27080, and that “the Defendant shall pay to the Plaintiff (D) the amount of KRW 273,426,356 and the amount calculated at the rate of 20% per annum from the next day to the date of full payment.” The Defendant appealed against the judgment, but

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