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(영문) 인천지방법원 2018.04.27 2017가합1055
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 298,345,204 and the interest rate of KRW 15% per annum from May 23, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On July 8, 2010, the Defendant issued a promissory note (hereinafter “instant promissory note”) as of August 31, 2010, stating the payee C, par value C, KRW 630,000,000, and the due date as of August 31, 2010. On the same day, C prepared and issued to C a notary public an authentic deed of a promissory note stating that there is no objection even if a notary public is immediately subject to compulsory execution, when the Defendant delays the payment of the instant promissory note as of August 503, 2010.

B. On August 3, 2011, the Plaintiff filed an application for provisional attachment of KRW 262,40,000 with the Incheon District Court 201Kahap1485 regarding the claim of this case against the Defendant, and the provisional attachment of the said claim was rendered on August 9, 2011 (hereinafter “instant provisional attachment decision”). The said decision was served on the Defendant on August 12, 2011.

C. On August 18, 2011, the Plaintiff filed a lawsuit against C for a loan claim under the Incheon District Court Branch Branch of 201Gahap6099, and the said court rendered a judgment on December 29, 201, stating that “C shall pay to the Plaintiff 262,40,000 won and its interest at the rate of 5% per annum from September 21, 2009 to December 15, 201, and 20% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive as of January 21, 2012.

On January 30, 2012, the Plaintiff received a decision of acceptance from the above court (hereinafter “instant seizure and collection order”) on February 1, 2012, with respect to KRW 298,345,204 among the instant promissorysory note bonds issued by the Incheon District Court 2012TTTB under the above judgment, as to KRW 262,40,000,000, pursuant to the provisional seizure order of this case, the provisional seizure of KRW 262,40,00 was transferred to the original seizure, and the remainder of KRW 35,945,204 was applied for the seizure and collection order of the claims to be seized, and the said decision was served on the Defendant on February 6, 2012, and became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. Determination on the cause of the claim.

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