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(영문) 의정부지방법원고양지원 2015.11.05 2014가합54977
추심금
Text

1. As to KRW 172,183,189 and KRW 124,714,970 among the Plaintiff, the Defendant shall annually year from March 28, 2014 to September 30, 2014.

Reasons

1. Facts of recognition;

A. A. Around June 4, 2013, Libera Co., Ltd. (hereinafter “Larido”) entered into a management consignment agreement with the Defendant on the operation of the golf course and the golfel owned by the Defendant, with the content that it will be entrusted to the Defendant and receive a certain part of the sales amount.

B. With respect to the Plaintiff, the Plaintiff had a claim (3,181,670 won) based on the decision of the case on the amount of litigation costs determined by the judgment on the case for the repayment of 50 million won (the amount calculated by the rate of 20% per annum from April 6, 2012 to the date of full payment) and the amount of 20% per annum from the judgment on the case for the repayment of 12,150 million won (the amount calculated by the rate of 12,150,000 won and 20% per annum from April 6, 2012 to the date of full payment) of Ma

C. Based on the original copy of the above judgment with executory power, the Plaintiff: (a) on March 24, 2014, as the Jeju District Court 2014TTT 2014TT 1681, the Defendant and the third obligor: (b) the amount claimed: KRW 172,183,189,189 (172,149,89,1500,000 based on the original copy of the above judgment, and the damages for delay calculated at the rate of 20% per annum from April 6, 2012 to March 19, 2014; (c) the amount of KRW 3,181,670 based on the original copy of the above decision, and KRW 33,300,00,000,000 for the amount of the present claim for the collection order after deducting the present amount of the claims and fees for the collection order from the present amount of the claims and fees for the collection order (hereinafter referred to as “the collection order”).

The instant collection order was served on March 27, 2014 on the Defendant.

[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, barring any special circumstance, the Defendant, the collection obligee, as the Plaintiff, was the Plaintiff KRW 172,183,189 and KRW 124,714,970 (= KRW 3,181,670,000, KRW 333,300), among which KRW 124,150,000 and KRW 124,71,670.

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