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(영문) 수원지방법원안산지원 2015.11.26 2015가합23274
추심금
Text

1. The defendant shall pay to the plaintiff KRW 252,986,943 as well as KRW 190,00,000 among them, from October 3, 2015 to the day of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts.

3. The collection order for the partial dismissal portion is limited to granting to the execution creditor the right to collect the claim against the third debtor, and it does not require the third debtor to pay the amount equivalent to the amount of the claim attached to the execution creditor, or setting the payment deadline. Thus, the third debtor is not 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 receives a delivery of the collection order from the execution court, but from the date after receiving the execution creditor's claim for the collection money from the execution creditor after the issuance of the collection order (see Supreme Court Decision 2010Da47117, Oct. 25, 2012). Thus, there is no evidence to acknowledge that the plaintiff filed a claim for the collection money against the third debtor prior to the delivery of the duplicate of the complaint in this case, the defendant is dismissed from October 3, 2015 to the date following the delivery of the duplicate of the complaint in this case to the date of full payment.

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