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(영문) 청주지방법원 충주지원 2018.04.05 2018가합5027
추심금
Text

1. The Defendant shall pay to the Plaintiffs KRW 511,37,101 and interest rate of KRW 15% per annum from January 24, 2018 to the date of full payment.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Judgment with no applicable provisions of Acts (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. The Plaintiffs partially dismissed claim for the payment of damages for delay calculated from July 22, 2017, following the date on which the collection order of this case was served to the Defendant regarding the above collection amount.

In light of the above, the collection order: (a) presented to the execution creditor the right to collect the creditor's claim against the third debtor; and (b) did not order the third debtor to pay the creditor the amount equivalent to the amount of the claim attached to the execution creditor; or (c) did not set the payment deadline. Therefore, the third debtor is liable for delay as to the amount equivalent to the amount of the claim attached to the execution creditor, not from the time when the execution court received the delivery of the collection order from the execution creditor, but from the date after the execution creditor received

(see Supreme Court Decision 2010Da47117, Oct. 25, 2012). Therefore, the part seeking the payment of damages for delay from July 22, 2017, after the collection order of this case was served on the Defendant among the Plaintiffs’ damages for delay, to the delivery date of a duplicate of the complaint of this case is without merit.

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