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(영문) 서울동부지방법원 2020.09.02 2020가합104444
추심금
Text

The Defendant’s KRW 259,432,533 and KRW 252,864,972 among the Plaintiff, shall be 5% per annum from February 4, 2020 to September 2, 2020.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

3. The collection order for the partial dismissal portion is limited to granting to the execution creditor the right to collect the creditor's claim against the third debtor, and it does not require the third debtor to pay the creditor the amount equivalent to the amount of the claim seized to the execution creditor, or setting the payment deadline. Thus, the third debtor is not obligated to pay the execution creditor with delay liability for the amount equivalent to the amount of the claim seized to the execution creditor, not from the time when the execution court receives a delivery of the collection order from the time when the execution court issues the collection order, but from

(2) According to the purport of the evidence Nos. 2010Da47117, Oct. 25, 2012 and the purport of the whole pleadings and evidence Nos. 3 and 4, the Plaintiff filed a claim with 259,432,533 won (i.e., principal amount 252,864,972 interest of 6,567,561 won) with Gohap as the High Government District Court 2020ta342, Jan. 20, 2020 (i.e., principal amount 252,864,972 interest of 6,567,561), and received a seizure and collection order on the claim for construction price against the Defendant. The above seizure and collection order was served on the Defendant on Jan. 28, 202, and the Plaintiff claims payment of 259,432,533 won to the Defendant on Feb. 3, 2020.

Therefore, the claim for damages for delay is rejected, but it is not accepted.

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