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(영문) 서울남부지방법원 2018.12.20 2017가단236453
추심금
Text

1. The defendant shall be 27,779,170 won to the plaintiff (appointed party), 68,750,000 won to the plaintiff's appointed party C, and d to the plaintiff's appointed party.

Reasons

1. The facts of recognition ① the Plaintiff (appointed party; hereinafter “Plaintiff”) filed a claim for the payment of wages, etc. with the Seoul Southern District Court No. 2017 tea2729 against the obligor, who worked for H (hereinafter “debtor”).

Payment orders were issued on April 10, 2017, which became final and conclusive on May 9, 2017.

(2) As of August 30, 2016, an agreement was made between the debtor and the defendant on August 30, 2016 that the debtor would transfer 30,600 common shares shares of I (K and L) to the defendant as of August 30, 2016.

According to the above agreement, the Defendant shall pay the obligor the share acquisition price of KRW 1.5 billion up to December 31, 2016.

③ On June 1, 2017, the Plaintiff received a collection order on June 1, 2017, with respect to KRW 199,763,260 (total sum of the Plaintiff’s designated party and the appointed party’s claims) among the obligor’s claim for the proceeds from sale of the share certificates against the Defendant based on the payment order indicated in the Paragraph

(A) The above order was served on June 5, 2017 on the Defendant on the following grounds: (a) the court’s provisional seizure of 2017TTTT 7441 was transferred to the original seizure.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 20 (including provisional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, a collection right holder, delay damages calculated at the rate of 15% per annum from July 6, 2017 to the day of full payment, which is the day following the day on which a copy of the instant complaint was served, to the day of full payment.

3. The plaintiff's claim for the conclusion is justified and acceptable.

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