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Reasons
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(영문) 울산지방법원 2015.09.10 2014가합6400
추심금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, evidence No. 1, evidence No. 2-2 and 3, and purport of the whole pleadings);

A. On September 30, 2009, the Plaintiff loaned KRW 61,000,000 interest rate of KRW 2,000,000 per month (on the last day of each month) and on January 31, 2010, the Plaintiff drafted a notarial deed of a monetary loan agreement (No. 2057, No. 2009) entered into by a notary public on the same day as above.

(hereinafter “instant loan claim”). (b)

Based on the instant loan claim, the Plaintiff filed an application for a collection order on the claim for the seizure and collection of the construction cost claim for the new construction of a factory building on two parcels, including C/C, and on the third debtor and B, for the Defendant, on the basis of the instant loan claim. The Ulsan District Court decided on August 28, 2014 to seize and collect the above claim.

(2014. 10466. hereinafter "the seizure and collection order of this case") C.

The original copy of the above order of seizure and collection was served on September 26, 2014 to the defendant, who is the garnishee.

2. Judgment on the plaintiff's assertion

A. According to the purport of the claim, according to the collection and seizure order of this case, the Defendant is obligated to pay the Plaintiff the principal of KRW 61,000,000 and the interest or delay damages therefrom (interest or delay damages calculated at the rate of 20% per annum from October 1, 2009 to August 26, 2014), enforcement expenses of KRW 235,30, and KRW 121,065,436 (=61,00,000, KRW 59,830, KRW 136,300).

B. First, we examine the existence of the claim for construction cost of this case, which is the claim subject to seizure and collection order of this case.

According to the records of Gap evidence No. 3-1, No. 3-2, and 3, the defendant received on December 17, 2013, the registration of the establishment of a mortgage with the debtor B, the mortgagee F, the maximum debt amount of 50,000,000 won in relation to Samsung-si, the defendant on December 17, 2013.

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