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(영문) 부산지방법원 2019.10.17 2018가단302069
추심금
Text

1. The Defendant’s KRW 680,604 as well as the Plaintiff’s annual rate from January 26, 2018 to October 17, 2019.

Reasons

1. Basic facts

A. Around April 2016, C entered into a delegation agreement with the Defendant for the five-story branch offices in Busan Metropolitan Government Do Office E located in the fiveth floor of the D Building.

B. On November 18, 2016, in order to preserve loan claims against C by Busan District Court Decision 2016Kadan53822, the Plaintiff received a decision on provisional seizure of claims (hereinafter “decision on provisional seizure of claims”) with respect to the amount until the above claim amount among the bonds listed in attached Table 1, by designating the debtor as the Defendant and the third obligor as KRW 60,00,000,000, from among the bonds listed in attached Table 1.

The above decision was served on November 23, 2016 on the defendant.

C. After the decision of provisional seizure of this case, the Defendant remitted C the amount of KRW 163,648 on November 28, 2016, KRW 445,977 on December 27, 2016, and KRW 70,979 on January 26, 2017 to C as “benefit”.

The Plaintiff filed a loan claim lawsuit against C with Busan District Court Decision 2016Kadan353186, and received a favorable judgment. On January 9, 2018, the final judgment of the above lawsuit was rendered as executive title, and as for the obligor C and the third obligor as KRW 69,00,000 out of the claimed amount as shown in the attached Table 2, the above provisional attachment was transferred to the provisional attachment, and as for KRW 9,000,000,000, the provisional attachment was issued as indicated in the attached Table 2, and as for KRW 9,000,000, the provisional attachment was transferred to the provisional attachment that added the above amount to the above amount among the claims, such as fees, etc. (hereinafter “instant collection order”).

The above decision was served on the defendant on January 12, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 4, 7, 14 (including provisional number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff alleged by the parties has a claim, such as an insurance maintenance fee, under a delegation contract with the Defendant for the branch E, and the Plaintiff received a seizure and collection order with respect to the pertinent claim, as the instant collection order was issued, thereby seeking the payment of the above collection amount against the Defendant.

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