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(영문) 인천지방법원 2015.11.27 2015가합53588
추심금
Text

1. Within the scope of the property inherited from the network D, to the Plaintiff:

A. Defendant B shall be KRW 60,000,000 and this shall apply.

Reasons

1. Basic facts

A. On February 18, 2012, the Plaintiff filed a lawsuit seeking payment of KRW 120,000,000,000, which is the sum of value-added tax of KRW 30,000,000, and design service cost accounts of KRW 90,000,000, which are not payable to the Plaintiff, from the EM Construction from February 18, 2012, with the Plaintiff’s written statement of payment for EM General Construction Co., Ltd. (hereinafter “EM Construction”). (2) The Plaintiff prepared and delivered a written statement of payment stating that “AM Construction will pay KRW 120,00,000,00,00,000, which is not the Plaintiff’s written statement of payment as evidence, against EM Construction, and the Plaintiff appears to have claimed payment of KRW 120,00,000,000 from the Incheon District Court Decision No. 1216, Aug. 16, 2013.

was received.

B. The claim for a promissory note against the network D of EM Construction (hereinafter “the deceased”) was filed against the deceased, whereas EM Construction brought a lawsuit against the deceased seeking payment of a promissory note amount under 2010 Ghana 49680. On December 21, 2011, the said court rendered a compulsory adjustment decision to the effect that the deceased shall pay KRW 150,000,000 to EM construction in 17 installments, and that the deceased shall lose the benefit of time and pay KRW 170,000,000,000 on January 11, 2012.

C. On March 5, 2014, the Plaintiff: (a) based on the executory exemplification of the above executory judgment on the ADM construction, the Plaintiff is the obligor for the AD construction; (b) the Deceased is the third obligor; and (c) the sum of KRW 135,978,082 (the sum of the total amount of KRW 120,000,000 per annum of the judgment amount and the interest thereon, calculated at the rate of 20% per annum from June 14, 2013 to February 11, 2014; and (d) the amount of KRW 15,978,082 per annum of the interest calculated at the rate of 20% per annum from June 14, 2013 to February 11, 2014).

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