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(영문) 수원지방법원평택지원 2019.10.10 2019가합8032
추심금
Text

1. As to KRW 361,972,603 among the Plaintiff and KRW 256,547,944, the Defendant shall pay to the Plaintiff KRW 105,424,659.

Reasons

1. Basic facts

A. On February 7, 2017, Nonparty C Co., Ltd. (hereinafter “C”) filed a lawsuit against the Defendant seeking the payment of the agreed amount (in Incheon District Court Decision 2017Gahap50880). On September 12, 2017, the said court rendered a judgment that “the Defendant shall pay C the amount of KRW 1 billion and the amount of money calculated at the rate of 15% per annum from March 1, 2017 to the date of full payment”.

In addition, the above judgment became final and conclusive on February 22, 2018.

(hereinafter referred to as "claim and Obligation"). (b)

On December 28, 2017, the Plaintiff filed a lawsuit against C for the payment of damages (Seoul High Court 2018Na203020). On June 8, 2018, the said court rendered a judgment in favor of the Plaintiff that “C shall pay to the Plaintiff KRW 300 million and the interest calculated at the rate of KRW 5% per annum from July 16, 2016 to December 21, 2017, and the interest calculated at the rate of KRW 15% per annum from the next day to the date of full payment.” On these grounds, C appealed appealed, but the appellate court (Seoul High Court 2018Na203020) dismissed the appeal by the appellate court on October 18, 2018, and the said judgment was finalized on October 24, 2018, and the Plaintiff received the above order of collection as the final judgment of Incheon High Court 2015Da34548, Dec. 21, 2018.

The original copy of the decision on the seizure and collection order was served on October 17, 2018 to the defendant.

In addition, according to the above final judgment on December 7, 2018, the Plaintiff issued a collection order as to KRW 105,424,659, out of the above agreed amount claims against the Defendant by the Incheon District Court 2018TT No. 52438, Dec. 7, 2018.

On December 20, 2018, the original copy of the decision on the seizure and collection order was served on the Defendant.

(2) Each of the above claims shall be subject to the collection order (hereinafter “instant claims seizure and collection order”). 【Ground for recognition’s absence of dispute, and the evidence Nos. 1 through 3 (including provisional number).

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