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(영문) 서울중앙지방법원 2019.02.15 2018가합589445
추심금
Text

1. The Defendant: (a) KRW 390,644,258 for the Plaintiff and KRW 5% per annum from December 8, 2018 to December 21, 2018 for the Plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no applicable provisions of Acts (Article 208 (3) 1 of the Civil Procedure Act);

3. The Plaintiff partially dismissed filed a claim for the delayed payment from December 5, 2018, when the seizure and collection order was served against C’s claim against the Defendant. However, the claim for delay damages from December 7, 2018, when the garnishee is liable for delay as to the amount equivalent to the amount of the claim seized against the execution creditor, is not from the time when the execution court received a delivery of the collection order from the execution court, but from the date when the execution creditor received a claim for the collection amount from the execution creditor after the issuance of the collection order (see, e.g., Supreme Court Decision 2010Da47117, Oct. 25, 2012). As such, the part of the claim for delay damages from December 5, 2018 to the date when the remittance cooperation document (Evidence 3) delivered to the Defendant to the effect that the Plaintiff claims for collection

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