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(영문) 대구지방법원 서부지원 2018.06.20 2016가단8958
추심금
Text

1. The Defendant’s KRW 25,112,414 as well as the Plaintiff’s annual rate of KRW 6% from June 16, 2016 to June 20, 2018.

Reasons

1. Basic facts

A. On March 26, 2014, the Plaintiff filed an application for provisional attachment with the Daegu District Court for a decision of acceptance (hereinafter “decision of provisional attachment”) as the Daegu District Court 2014Kadan1517, on the ground that D, which had operated the manufacturing business under the trade name of “C,” and the Defendant as the garnishee, filed an application for provisional attachment against D’s claim amounting to KRW 115,30,970 among the claim for the cost of goods, such as steel structure manufacturing and processing costs, which D had against the Defendant. The said decision of provisional attachment was served on the Defendant, who is the garnishee on March 27, 2014.

B. The Plaintiff filed a claim against D for the payment of goods with the Daegu District Court 2014Gahap2109. On May 13, 2014, the said court rendered a favorable judgment against the Plaintiff that “D shall pay to the Plaintiff 115,300,970 won and the amount calculated by applying each rate of 5% per annum from August 1, 2013 to March 28, 2014, and 20% per annum from the next day to the date of full payment.”

C. According to the above judgment, the Plaintiff: (a) ordered D to seize the principal and interest of KRW 167,070,40 of the above judgment among the claims for the purchase of goods against D; and (b) as the garnishee, D as the debtor and the Defendant, the Defendant: (c) requested D to issue a seizure and collection order stating that “the provisional seizure of KRW 115,30,970 among the claims for the purchase of goods against D against the Defendant shall be transferred to the original seizure; and (d) the remainder of KRW 51,769,430 shall be seized; and (e) the above court accepted the above application on April 28, 2016 and issued a seizure and collection order under the Daegu District Court 2016TTTTTT6279 (hereinafter “instant seizure and collection order”); and (c) the above decision was served on the Defendant, the debtor on May 2, 2016.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. The assertion and judgment

A. The plaintiff claiming the parties concerned shall pay the amount of KRW 167,070,40 to the plaintiff, who is the garnishee, according to the collection order and seizure of the claim in this case.

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