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(영문) 서울남부지방법원 2014.07.25 2014가합102419
추심금
Text

1. The defendant shall pay 250,000,000 won to the plaintiff and 20% per annum from June 26, 2014 to the day of complete payment.

Reasons

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

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. The Plaintiff seeking payment of the damages for delay from September 25, 2013, when a copy of the collection order was served on the Defendant from September 25, 2013 to the delivery date of the copy of the complaint of this case. However, the Defendant is liable for delay as to the amount equivalent to the amount of the claim seized against the execution creditor, not from the time when the execution court received a delivery of the collection order from the execution court, but from the day after receiving a claim for collection from the execution creditor after the issuance of the collection order (see Supreme Court Decision 2010Da47117, Oct. 25, 2012). The Plaintiff sought payment of the money for collection from the Defendant through the delivery of the copy of the complaint of this case. Thus, the Defendant

Therefore, the plaintiff's claim seeking the payment of delay damages until the delivery date of the duplicate of the complaint of this case is without merit.

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