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(영문) 수원지방법원 2017.09.27 2017가단20827
추심금
Text

1. The Defendant’s KRW 195,523,670 within the scope of KRW 240,00,000 and KRW 190,00 among the Plaintiff and the Plaintiff’s KRW 190,00,000.

Reasons

1. Indication of claim;

A. On April 27, 2015, the Plaintiff loaned 7.7% per annum, 25% per annum, and 190 million won per maturity on April 26, 2017 to B, and approved that the Plaintiff’s credit transaction terms and conditions apply to B.

B. B has a claim to the Defendant for the refund of the lease deposit amounting to KRW 240 million.

On April 20, 2015, in order to secure the above loan obligations, the Plaintiff created a pledge on the claim to return the deposit for lease deposit. On April 23, 2015, the Defendant accepted the creation of the said pledge on the said deposit.

C. B did not repay the above loan by the due date.

On June 12, 2017, the Plaintiff received a seizure and collection order for the enforcement of a pledge against the Plaintiff’s claim amounting to KRW 195,523,670 ( principal KRW 190 million, interest interest KRW 3,403,110, cost of interest, KRW 120,560), among the claim for the refund of the deposit for lease against the Defendant by the obligor B and the third obligor B, as the Defendant, and the said seizure and collection order was served on the Defendant on June 15, 2017.

E. Therefore, the Defendant shall pay to the Plaintiff the amount of KRW 195,523,670 as well as damages for delay at the rate of KRW 25% per annum from June 15, 2017 to the date of full payment.

2. Judgment made in the constructive confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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