logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2016.08.11 2015가단969
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 37,194,340 and the interest rate of KRW 15% per annum from February 13, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On March 28, 2014, the Plaintiff received a provisional attachment order on KRW 37,194,340 (hereinafter “the provisional attachment order of this case”) from the Defendant against the obligor C (hereinafter “instant company”) and the garnishee (hereinafter “instant kindergarten”) that the instant company would receive from the Defendant as the Defendant for “the construction cost of the new building construction work for the instant kindergarten (hereinafter “instant kindergarten”).

B. On April 2, 2014, the Defendant was served with the instant provisional attachment ruling.

C. On July 24, 2014, the Plaintiff filed a lawsuit claiming rent, etc. with the instant company as the Defendant, and on July 24, 2014, rendered a judgment that “the Defendant (the instant company) shall pay to the Plaintiff the amount calculated at the rate of KRW 37,194,340 per annum from May 14, 2014 to the date of full payment.”

On September 15, 2014, the Plaintiff was determined to issue a collection order (hereinafter “instant collection order”) to transfer the provisional seizure against the debtor company of this case and the third debtor as the defendant to the original seizure, as a general support 2014TTT3805.

E. The Defendant was served with a collection order of the instant case on September 19, 2014.

F. On February 4, 2015, the Plaintiff filed the instant lawsuit, and notified the instant company of the filing of a claim for collection pursuant to Article 238 of the Civil Execution Act.

[Reasons for Recognition] Facts without dispute between the parties, significant facts in this Court, Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the plaintiff is a kind of collection agency according to the execution court's authorization and collected from the third debtor. Thus, the defendant, who is the third debtor of the seizure collection order of this case, is the debtor, the payment payable to the company of this case.

arrow