(영문) 전주지방법원 2014.12.18 2014나1891 | 리걸엔진

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(영문) 전주지방법원 2014.12.18 2014나1891

추심금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The former Jeju High Court (hereinafter “former High Court”) supplied LPG gas to the Defendant who runs a business in the name of “C”, etc. in the former High Court Decision 2006Da4456, Jan. 6, 2011, the credit payment claim against the Defendant in the former High Court Decision 46,796,399 won (hereinafter “instant credit payment claim”).

B. On October 12, 2010, the Plaintiff filed a lawsuit against Jeonju District Court 2010Kadan65288, against Jeonju District Court 2010, with the Plaintiff seeking compensation for damages equivalent to the market value of the gas container that was not returned from Jeonju High Court. On April 5, 2011, the said court rendered a judgment that “The Plaintiff shall pay to Jeonju High Court 41,122,250 won and its 20% interest per annum from October 20, 201 to the day of full payment.” The judgment became final and conclusive on May 13, 2011.

C. On August 4, 2011, based on the foregoing final judgment with executory power, the Plaintiff was issued a seizure and collection order (hereinafter “the collection order of this case”) with respect to the credit payment claim of this case, which had been held against the Defendant by Jeonju District Court 201TY under the Jeonju District Court 201TTY8763, the amount of which is KRW 47,507,662, and the same month.

9. The collection order of this case was served on the Defendant.

[Reasons for Recognition] Facts without dispute, significant facts, Gap evidence 1, 2, Eul evidence 1, Eul evidence 4-1, Eul evidence 4-1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay 46,796,399 won of the credit payment of this case to the plaintiff who received the collection order of this case and damages for delay, barring special circumstances.

3. Judgment on the defendant's assertion

A. On January 6, 2011, the Defendant’s assertion 1, 201, and the former Jeju High Court Decision 200 Jeju High Court Decision 201Da4588, May 2

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