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(영문) 대구지방법원김천지원 2015.01.16 2014가합416
추심금
Text

1. The Defendant’s KRW 164,349,864 as well as 5% per annum from March 7, 2014 to January 16, 2015 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 4 (including each number in the case of additional numbers), the principal examination results and the whole purport of arguments:

The non-party B agreed to have the Plaintiff receive 200,000,000 won from the Plaintiff, but failed to comply with the agreement that the non-party B shall pay the Plaintiff KRW 650,000,000 as compensation for damages, and the non-party D jointly guaranteed the above obligation.

B. The Plaintiff filed a lawsuit against D with the Daegu District Court Kimcheon-dong Branch 2012Gahap733, and the above court rendered a judgment on September 28, 2012 that “D shall jointly and severally with B, pay to the Plaintiff 550 million won and interest rate of 20% per annum from April 4, 2012 to the date of full payment,” and the above judgment became final and conclusive around that time.

(hereinafter “final judgment of this case”). C.

Based on the original copy of the judgment of this case with executory power, the Plaintiff: (a) filed a claim amounting to KRW 606,076,564 (principal KRW 550,000, interest KRW 55,753,424; (b) enforcement cost KRW 323,140); (c) filed a claim attachment and collection order with the Daegu District Court 2012TTT14356 with respect to D’s wage claim against D as the Defendant; and (d) filed a claim attachment and collection order with the above court from May 9, 2012 to December 12, 201, the amount of unpaid benefits amounting to KRW 130,214,172 and KRW 246(1)4 of the Civil Execution Act with respect to the benefit claim from January 1, 2012 to KRW 36 million (in cases where the amount exceeds KRW 1,500,00,00,000).

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