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(영문) 수원지방법원 2016.12.14 2016나7033
추심금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is one metal corporation (hereinafter “one metal”).

(2) The Defendant filed an application with the Suwon District Court for a payment order with respect to KRW 147,124,130 and the Plaintiff to pay 20% interest per annum from the day following the delivery of the instant payment order to the day of full payment. The payment order was served on April 21, 2015, and was finalized on May 7, 2015. 2) On August 25, 2015, the Plaintiff was served with the Suwon District Court No. 2015T16529, one of the debtor metal, the garnishee, the Defendant, the claim amount of KRW 7,130,000,000, and the claim amount of KRW 147,124,130, and the claim amount of KRW 15,000 were indicated to be collected until the above claim amount was transferred from the Defendant to the Defendant, but one of the above collection order was served on the Defendant as the provisional attachment order of KRW 25,015.

3) One metal has a claim for the purchase of goods amounting to KRW 71,300,00 against the Defendant by concluding an excessive code product supply contract with the Defendant, and by supplying goods to the Defendant. [The fact that there is no dispute between the parties on the basis of recognition, the entries in Gap evidence 1 through 4, and the purport of the whole pleadings.

B. According to the above facts of recognition, barring any special circumstance, the Defendant, the garnishee of the instant collection order, is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from October 2, 2015 to the day of complete payment, which is the day following the delivery of the instant complaint, pursuant to the instant collection order, even if there was no direct contract with the Plaintiff, barring any special circumstance.

2. Judgment on the Defendant’s assertion

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