(영문) 서울남부지방법원 2016.11.03 2016가단226923

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(영문) 서울남부지방법원 2016.11.03 2016가단226923

기타(금전)

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1. The Defendant shall pay KRW 20 million to B Co., Ltd. and shall pay 15% per annum from July 18, 2016 to the day of complete payment.

Reasons

1. The plaintiff 1) The plaintiff 1) The plaintiff 2 (hereinafter referred to as "the non-party company") confirmed the preserved claim.

2) On November 27, 2014, the Seoul Western District Court rendered a ruling that the non-party company shall pay KRW 1,315,340,277 to the Plaintiff, and the above ruling becomes final and conclusive on December 19, 2014 (A evidence 1 copy of the ruling) (2) the existence of the subrogation claim (claim against the Defendant by the non-party company) and the maturity date for payment.

A. On November 15, 2013, the non-party company applied for provisional attachment of the real estate owned by the defendant (Seoul Guro-gu Seoul Metropolitan Government Daro 5, No. 301, hereinafter referred to as "the real estate of this case") on November 19, 2013 and issued a decision to provisionally seize the above real estate owned by the defendant on November 19, 2013, and on the same day, the provisional attachment decision was registered.

(F) The Daegu District Court 2013Kadan8467) [A certified copy of the real estate register No. 2].

The plaintiff is now aware that the non-party company has seized the above provisional seizure in order to preserve the loan claims against the defendant, and I would like to prove the existence of the subrogation claim and the arrival of the due date by means of a request for the delivery of documents regarding the provisional seizure case.

3) The insolvency and non-exercise of rights of the non-party company are understood to have not exercised the right of subrogation against the defendant, and the non-party company's insolvency should be proved by the inquiry method. 4) In conclusion, the defendant, among the loans to the non-party company, has the obligation to pay for the legal delay damages calculated at the rate of 15% per annum from the day after the delivery date of the copy of the complaint of this case to the day of complete payment, as stipulated by the law on the promotion of litigation, etc., as requested by the plaintiff.

I have the honor to this effect.

2. Judgment on deemed confession (Article 150 (3) and (1), and Article 208 (3) of the Civil Procedure Act).

참조조문

-민사소송법 제150조 제3항

-민사소송법 제208조 제3항

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