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(영문) 인천지방법원 2018.10.16 2018가단3952
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 49,015,920 and interest rate of KRW 15% per annum from February 9, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. On March 3, 2016, the Plaintiff filed a lawsuit (case number: Seoul Central District Court 2016Da5043202) seeking the payment of damages with the Seoul Central District Court (Case Number: Seoul Central District Court 2016Da5043202) against a spatial nanotechnology Co., Ltd. (hereinafter “space is limited to”).

B. On October 11, 2017, the Seoul Central District Court rendered a judgment that “The spatial nanotechnology shall pay to the Plaintiff 45,224,498 won and interest thereon at the rate of 5% per annum from March 18, 2016 to October 11, 2017, and at the rate of 15% per annum from the next day to the date of full payment” (Seoul Central District Court Decision 2016Da5043202 Decided October 11, 2017). The above judgment was finalized on October 31, 2017.

(hereinafter referred to as “related final and conclusive judgment”). C.

On the other hand, on November 25, 2016, the Plaintiff filed an application for provisional seizure of claims with the creditor, spatial space, the debtor, the third debtor, the claim amount of KRW 100,000,100, and the claim amount of provisional seizure against the claim under provisional seizure against the claim (Case Number: Seoul Central District Court 2016Kadan812911), and the Seoul Central District Court rendered a provisional seizure order upon the Plaintiff’s request on December 14, 2016, and the said decision reached the Defendant on December 16, 2016.

(hereinafter referred to as the “instant provisional attachment”). With respect to the construction work scheduled to be completed from May 1, 2016 to December 201, the debtor has against the third debtor, in the following sub-paragraph 3:

D. On October 24, 2017, based on the relevant final judgment, the Plaintiff filed an application for the seizure and collection order to transfer the Plaintiff’s provisional seizure, which was based on the Seoul Central District Court Decision 2017TTTT 2017TT 115313, to the debtor, the Defendant, and the third debtor.

On November 2, 2017, the Seoul Central District Court's decision on the provisional seizure of claims between the creditor and the debtor 49,015,920 won out of the following claims by the Seoul Central District Court 2016Kadan812911.

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