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Reasons
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(영문) 대전지방법원공주지원 2014.02.19 2013가합20133 (1)
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. Facts of recognition;

A. A. A.S. Co., Ltd (hereinafter “A.S”) lent KRW 100,00,000 to the Defendant on July 27, 2007 at the interest rate of KRW 8% per annum and on August 27, 2007. ② The amount of KRW 1,50,000,000 on August 8, 2007 was determined and lent as August 13, 2007 at the interest rate of KRW 8% per annum and August 13, 2007; ③ the amount of KRW 8% per annum and the due date of repayment of KRW 0,000 on August 31, 2007 were set and lent as September 7, 2007.

B. On October 15, 2008, No. 2008, a notary public, which recognizes the compulsory execution of a promissory note against the above amount, issued to the Plaintiff at par value of KRW 900,000,000, and at sight of the due date, set up and issued the authentic deed of a promissory note No. 231, 2008.

C. On January 6, 2012, the Plaintiff, with the title of execution, issued a seizure and collection order (hereinafter “instant seizure and collection order”) with respect to the amount until the amount reaches KRW 510,00,000, out of the loan claims and interest claims against the Defendant of the Suwon District Court No. 201-Tari30, Suwon District Court, and the amount among the loan claims and interest claims thereof, as the title of execution. The instant seizure and collection order was served on the Defendant on January 11, 2012.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence No. 6, Evidence No. 2, Evidence No. 5 through 10, Evidence No. 12, Evidence No. 16 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant can claim payment of KRW 510,000,000 according to the collection order under the seizure and collection order of this case, and damages for delay.

B. (1) A creditor who requests a provisional attachment or seizure order for a claim must clarify the type and amount of the claim to be seized (Articles 225 and 291 of the Civil Execution Act), and, in particular, when applying for a seizure order only for a part of the claim to be seized, specify the scope thereof.

(Civil Execution Rule No. 159(1)3 and Article 218). Nevertheless, the creditor's provisional attachment or seizure.

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