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(영문) 서울중앙지방법원 2018.06.19 2017가단55825
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,818,091 and interest rate of KRW 15% per annum from July 6, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 8, 1998, the Dongdong Mutual Savings and Finance Company, Inc. (hereinafter referred to as the “Seodong Mutual Savings and Finance Company”) filed a loan claim lawsuit against A, etc. with the Seoul District Court 98Gaso84986, and the above court rendered a judgment on December 8, 1998 that “A shall jointly and severally with B, pay 8,931,307 won and money calculated at the rate of 30% per annum from October 24, 1998 to the day of full payment.” The above judgment became final and conclusive around that time.

B. The plaintiff acquiring the claim against the non-party bank Gap filed a lawsuit against the non-party bank Gap with the Seoul Central District Court 2008Gada1357267, and the above court rendered a judgment that "A shall jointly and severally pay to the plaintiff 32,091,911 won and 8,931,307 won with the plaintiff, which shall be calculated at the rate of 30% per annum from May 23, 2007 to the date of complete payment," and the above judgment became final and conclusive around that time.

C. The Plaintiff, based on the original copy of the above judgment No. 2008Gada1357267, and based on the claim amount of 41,94,650 won (acquisition money of KRW 32,091,911, and KRW 9,902,739) on February 14, 201, received a seizure and collection order of the benefit claim that the Defendant, the garnishee, is liable to pay to A (Seoul Central District Court 201T). The original copy of the order of seizure and collection was served on the Defendant on February 14, 2011.

A filed a subsequent appeal against the above judgment 2008 Ghana1357267. On October 13, 2017, the Seoul Central District Court, a subsequent appellate court, revoked the part against A in excess of the "amount calculated at the rate of 30% per annum from May 23, 2007 to the date of complete payment" for KRW 31,915,352 of the above judgment and KRW 8,931,307 of the above judgment, and dismissed the remaining appeal except for the dismissal of the plaintiff's claim corresponding to the revoked part.

(2017Na3838) The above judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 (including virtual number), the purport of the whole pleadings

2. Determination

A. The facts of the above recognition as to the cause of the claim.

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