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(영문) 창원지방법원진주지원 2017.06.07 2017가단2171
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 70,680,699 and the interest rate of KRW 15% per annum from April 11, 2017 to the date of full payment.

Reasons

1. Indication of claim;

A. For the execution of a claim against Nonparty A in 70,680,699 won based on an executory payment order for the claim amounting to KRW 170,680,69 based on an executory payment order for the claim amounting to KRW 170,69, the Plaintiff issued a claim seizure and collection order under the same court 2015TT1650 with respect to the same claim as the content of the claim to be collected and seized in the attached sheet that Nonparty A had against the Defendant. On April 13, 2015, the Defendant served the original copy of the seizure and collection order.

B. Accordingly, the plaintiff requested the defendant to collect the amount under the above seizure and collection order several times, but the defendant did not pay the above amount on the ground that he paid the above amount to the non-party A by mistake.

C. Therefore, the Defendant did not pay to the Plaintiff the obligations indicated in the separate sheet against A, which was seized after April 13, 2015, which was the date of service of the order of seizure and collection, even though they were to be paid to the Plaintiff. Thus, in order to receive such payment, the Defendant’s claim

2. Applicable provisions: Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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