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(영문) 청주지방법원충주지원 2020.08.20 2020가단20626
추심금
Text

1. The defendant's KRW 25,700,000 and about this, 5% per annum from February 5, 2020 to August 20, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. Suwon District Court 2019Kadan2225, provisional seizure, creditor, debtor C Co., Ltd., third debtor, defendant, claim amounting to KRW 123,98,00, claim amount of KRW 17,700,00, and claim amount of provisional seizure: The amount equivalent to the claim amount of this case out of the claim amount of goods to be paid by the debtor to the third debtor and the debtor is served on the defendant on May 3, 2019.

The Plaintiff filed a lawsuit against Suwon District Court 2019Kadan534979 case, and on November 5, 2019, rendered a judgment against the Plaintiff on November 5, 2019 on the payment of the goods price of KRW 123,998,00 and delay damages to the Plaintiff, and became final and conclusive around that time.

Based on the original copy of the above judgment, on January 20, 2020, the Suwon District Court 2020 other 10291 provisional attachment is to be transferred to the provisional attachment; the creditor, creditor, debtor C Co., Ltd., the garnishee, the defendant, the amount of claim KRW 130,198,071, and the claim amount of provisional attachment against the defendant 17,700,000 shall be transferred to the original attachment; and the claim amount of KRW 15,000,000 against the defendant shall be delivered to the defendant on January 20, 2020.

On February 3, 2020, the Plaintiff notified the Defendant of the amount according to the instant collection order by content-certified mail, which reaches the Defendant on February 4, 2020.

On June 17, 2019, which was around the day of service of the provisional seizure decision, the amount of the claim against the defendant of the debtor C Co., Ltd. is KRW 215,417,471, and thereafter, the defendant paid the price of the goods to C Co., Ltd., and then there remains KRW 8,000,000 in the balance of the claim on January 20, 2020, which was around the day of service of the order of seizure and collection. On January 29, 2020, the defendant paid the balance of KRW 8,00,000 to C Co., Ltd., and currently did not remain in the claim for the goods. [Grounds for recognition] The fact that there is no dispute, Gap 1-6, Eul 1-1-14, and the purport of the entire pleadings as a whole.

2. According to the above facts of recognition, the defendant collected money from the plaintiff 25,700.

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