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(영문) 대전지방법원천안지원 2013.08.16 2013가단2128
추심금
Text

1. The Defendant: (a) KRW 60 million to the Plaintiff; and (b) 5% per annum from January 1, 2013 to August 16, 2013 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On or around December 22, 2010, C is a contract under which the Defendant would be provided with friendly services (hereinafter “instant contract”).

(2) The Defendant terminated the instant contract on January 25, 201 on the ground that C delayed shipment, etc.

3) The Plaintiff is C and D (hereinafter “C, etc.”)

(C) The claim for the refund of security deposit against C, etc. (hereinafter “instant claim”) is based on the security deposit and claim for damages against C, etc.

(4) On February 31, 201, the provisional attachment order was issued with respect to KRW 90 million among them, and the provisional attachment order was served on the Defendant on February 21, 2011. (4) The Plaintiff filed a lawsuit against C, etc. against the Plaintiff, and the appellate court of the said lawsuit ( Daejeon District Court 2012Na1403) concluded conciliation that C shall pay KRW 60 million to the Plaintiff by October 31, 2012.

5) As C did not perform its obligation to pay money under the above protocol, the Plaintiff did not perform its obligation to pay money under the above protocol. As to the above protocol of mediation, the Plaintiff’s order of seizure and collection (hereinafter “instant seizure collection order”) to transfer the above provisional seizure to the original seizure against KRW 61,380,821 ( = damages calculated at the rate of 20% per annum from November 1, 2012 to December 10, 2012, the principal of which is KRW 60 million under the protocol of mediation).

Upon receipt of the above order, the above order was served on the Defendant on December 31, 2012. [Grounds for recognition] The fact that there is no dispute, Gap 1-3 evidence (including paper numbers, Eul 2 evidence, the purport of the whole pleadings.]

B. According to the above facts of determination, C, upon the termination of the instant contract, has the Defendant claim for the refund of deposit amounting to KRW 230 million,00,000,000 against the Defendant. Thus, the Defendant, as the collection obligee, shall comply with the Plaintiff’s claim (the date following the delivery of the instant collection order), and as such, from January 1, 2013 (the date following the delivery of the instant collection order) to August 16, 2013 (the date of this judgment).

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