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(영문) 서울중앙지방법원 2017.01.19 2015가단98705
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 195,789,436 and the interest rate of KRW 15% per annum from November 28, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On January 29, 2015, the Plaintiff filed a lawsuit for damages against Dodo Co., Ltd. (hereinafter “Dododo”) with the Seoul Central District Court 2014 Gohap529711, and was sentenced to the judgment that “Dodo 161,596750 won and the amount calculated by the rate of 20% per annum from September 25, 2014 to the date of full payment.” The above judgment became final and conclusive around that time.

B. After that, based on the foregoing judgment, the Plaintiff requested the issuance of a collection order on May 18, 2015, for the seizure and collection order against the debtor under Dodo or 3 debtor, etc., as the court 2015 Tado or 11302.

(2) In order to collect and seize, the amount of the claim against the Defendant is KRW 45,789,436, and the claim amount against the Defendant is the amount until the above claim amount is made out of the fee for entrusted breeding, farm rent, and the price for disposal of pigs which Do owns owns against the Defendant, or which will continue in the future. The first claim seizure and collection order were served on the Defendant on May 21, 2015. (c) The Plaintiff additionally filed an application for the seizure and collection order with Cheongju District Court 2015TTB2704 with Cheongdo, Cheongju District Court 2015TB, the third obligor, etc., and received the decision on October 29, 2015 (hereinafter “second claim seizure and collection order”). In the above decision, the claim amount against the Defendant is either KRW 1500,000,000, the amount of the claim against the Defendant’s livestock farm or the amount of the claim against the Defendant’s livestock farm or the amount of the claim.

On November 13, 2015, the second seizure and collection order was served on the defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 2 and 10, each of the statements Nos. 1 and 2, and the purport of the whole pleadings

2. Assertion and determination

(a) the statement in subparagraph (1) includes the purport of the entire pleadings;

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