(영문) 인천지방법원 2015.01.27 2014가합4411

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(영문) 인천지방법원 2015.01.27 2014가합4411

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

A. On July 27, 2011, C leased the building of 8th floor E in Yongsan-gu, Yongsan-gu, Seoul from D to KRW 150,000,000,000, and operated the F Postnatal Care Center (hereinafter “instant Postnatal Care Center”) and entered into a contract with the Defendant on January 13, 2013 to transfer the business rights and leases of the instant Postnatal Care Center to the Defendant at KRW 1 billion (hereinafter “instant transfer agreement”).

B. The Plaintiff, based on the executory exemplification of the judgment of the Seoul High Court 2012Na8626 case, filed a claim attachment and collection order (hereinafter “instant claim attachment and collection order”) with the Seoul Central District Court 2013TTT 42238, regarding “the claim to be paid KRW 150 million in the balance of KRW 100 million out of the transfer price of KRW 1 billion, which C acquired by virtue of the instant transfer contract, against the Defendant” with the Seoul Central District Court 2012Na8626, and issued a collection order on January 2, 2014. The original copy of the decision was served on the Defendant on January 7, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 3, Eul evidence 1-5, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the collection obligee, 150,000,000 won out of the transfer proceeds under the transfer contract of this case and damages for delay calculated at the rate of 20% per annum from the day after the day of delivery of the copy of the complaint of this case to the day of full payment.

3. Judgment on the defense

A. The Defendant’s assertion 1 set-off against the Defendant’s claim for loans 600 million won out of the transfer price of one billion won under the transfer contract of this case between C and C. Thus, the Defendant actually paid to C according to the transfer contract of this case is 400 million won, and the Defendant was among the parties before the issuance of the order of seizure and collection.

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