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(영문) 서울남부지방법원 2018.10.05 2018가단232854
추심금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 141,00,000 as well as to the day of full payment from July 19, 2018 to the day of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. The judgment without any ground (Articles 208(3)1 and 257 of the Civil Procedure Act) provides an execution creditor with the right to collect a claim against a third debtor against the debtor, and does not require the third debtor to pay the amount equivalent to the amount of the claim seized to the execution creditor, or setting the payment deadline. Thus, the third debtor is liable for delay for the amount equivalent to the amount of the claim seized to the execution creditor, not from the time when the execution court receives a delivery of the collection order from the execution creditor, but from the date after receiving a claim for the collection from the execution creditor after the issuance of the collection order.

Therefore, damages for delay is recognized only as from July 19, 2018, the next day after a duplicate of the complaint of this case was served on Defendant B, and the remainder is dismissed.

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