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(영문) 부산지방법원 2020.02.20 2018가합44001
추심금
Text

1. The Defendant’s KRW 120,422,534 as well as 5% per annum from August 5, 2017 to February 20, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On January 21, 2015, the Plaintiff filed an application for provisional attachment of claims against the Defendant, the claimed amount of KRW 10,000,00,00 with the Defendant, the third obligor registered as the representative director, and the representative director (including bonuses and allowances) for provisional attachment of claims against the Defendant with the Busan District Court 2014Kadan52321, and the Defendant was served with the Defendant on January 26, 2015. The provisional attachment order was issued by the above court on January 21, 2015 (hereinafter “instant provisional attachment order”). The provisional attachment order was served on the Defendant on January 26, 2015.

1. It is confirmed that E is obligated to pay to the Plaintiff 2,268,368,600 won with 15% interest per annum from September 20, 2016 to the date of full payment.

2. However, the Plaintiff’s payment of KRW 250 million to the Plaintiff by April 30, 2017 to the Plaintiff is to exempt the remainder of the obligations prescribed in paragraph (1).

3. If E delays the payment of the money as provided for in paragraph 2, regardless of its amount, the agreement set out in paragraph 2 becomes invalid, and E shall pay to the Plaintiff the money as provided for in paragraph 1.

B. The Plaintiff filed a lawsuit against E as Busan District Court 2016Kahap40388, and on December 22, 2016, the decision of recommending reconciliation between the Plaintiff and E was finalized as follows (hereinafter “the decision of recommending reconciliation of this case”).

C. However, by April 30, 2017, E did not perform the obligations stipulated in Paragraph 2 of the said decision of recommending reconciliation.

Accordingly, based on the original copy of the decision of recommending reconciliation of this case, the plaintiff transferred and collected the provisional attachment of this case to and from the principal attachment of 990,000,000 won as the debtor E and the third obligor as the defendant under Busan District Court 2017TTT9480, based on the original copy of the decision of recommending reconciliation of this case, and seized and collected the remuneration (including bonuses and allowances) of the representative director E against the defendant.

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