logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.13 2014가합41624
전부금
Text

The defendant shall pay 115,035,950 won to the plaintiff and 20% per annum from August 23, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On April 25, 2012, the Plaintiff’s claim against C lent money to C, and received a promissory note with a face value of 115,000,000 from C, and thereafter, received a notarial deed stating the purport of recognizing compulsory execution against the said promissory note on June 19, 2014.

B. C’s claims against the Defendant filed a lawsuit against the Defendant for the payment of construction price under Seoul Central District Court Decision 2008Kahap125842, Nov. 10, 2009, and rendered a judgment of “The Defendant shall pay C 456,846,410 won with 5% per annum from October 10, 2009 to October 10, 2009, and 20% per annum from the next day to the date of full payment,” and both parties appealed as Seoul High Court Decision 2010Na8572, and the appellate court dismissed the Defendant’s appeal with 368,246,936 won, and the remainder of the appeal with 30% per annum from October 21, 2009 to 30% per annum.”

(However, the principal of the judgment in the above appellate court was corrected to KRW 373,589,376 in the amount of KRW 368,246,936; hereinafter “instant judgment”). C.

On July 23, 2014, based on the original copy of the notarial deed with executory power, the Plaintiff received an order of seizure and assignment of claim against C as to the principal of the judgment deposit claim ( KRW 373,589,376) against C (hereinafter “instant assignment order”), and the original copy of the decision was served on the Defendant on August 5, 2014, and on August 11, 2014, and was finalized on August 19, 2014, with the amount of claim KRW 115,035,950.

[Reasons for Recognition] There is no dispute, Gap 1 to 1.

arrow