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(영문) 서울중앙지방법원 2017.09.14 2016가단5227024
추심금
Text

1. The Defendant’s KRW 133,426,443 as well as 5% per annum from October 5, 2016 to August 24, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim and seizure collection order against C 1) The Plaintiff’s claim and seizure collection order against C and D are as follows: (a) the Seoul Central District Court 2010Kahap8816, Seocho-gu, Seoul E, as Seoul Central District Court 2010Kahap816, and (b) the Plaintiff

(2) On June 15, 2011, the Plaintiff, C, and D, filed a lawsuit claiming the refund of the purchase price following the cancellation of a sales contract as to 203, and the conciliation was concluded between the Plaintiff, C, and D as follows, and the said conciliation is deemed to be “instant conciliation protocol” (hereinafter “instant conciliation protocol”).

was drawn up.

Conciliation Provisions

1. The Defendants (C and D) jointly and severally pay to the Plaintiff KRW 212,80,00,000 to July 31, 201. If the Defendants do not pay the said money by the payment date, the Defendants shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from the day following the payment date to the day of full payment.

2. The plaintiff shall withdraw the application for provisional seizure against the loan of this case Nos. 101, 201, and 303 at the same time with the payment of the money set forth in paragraph (1) from the defendants and apply for the cancellation of provisional seizure execution.

(2) On March 10, 2014, the Plaintiff filed an application for a seizure and collection order against “323,339,397 won, of the instant loan loan 203 and 301, which the Defendant, a debtor, had against the Defendant, as the title holder of the instant conciliation protocol, with the Seoul Central District Court 2014TTT No. 7327. Meanwhile, on November 14, 2012, the Plaintiff filed an application for a seizure and collection order against “323,39,397 won,” and the said court accepted the Plaintiff’s claim on March 10, 2014. The original copy of the instant conciliation protocol reached the Defendant on March 12, 2014.

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