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Reasons
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(영문) 부산지방법원 동부지원 2018.02.14 2017가단215683
추심금
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1. The Defendant shall pay the Plaintiff KRW 125,00,000 and the interest rate of KRW 15% per annum from October 12, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 13, 2017, the Plaintiff, as the debtor, as the defendant, as the third debtor, and as the claim amounting to KRW 125 million (62,500,000,000,000 for each debtor), provisionally seized the damage claim against the defendant in B and C (the Busan District Court 2017Kadan51083, hereinafter “instant provisional seizure”), and the written decision of provisional seizure was served on April 17, 2017 on the defendant.

B. On July 20, 2017, the Plaintiff received a judgment against B and C with the effect that “B and C shall pay each of the Plaintiff 62.5 million won and interest thereon at the rate of 20% per annum from January 1, 2016 to the date of full payment,” and the said judgment became final and conclusive.

(Resan District Court 2017Kadan310247). (c)

The Plaintiff was issued a collection order for the provisional seizure and the provisional seizure to which the instant provisional seizure was transferred to the original seizure (the Busan District Court 2017TTTTTT 57556), and the above order was served on the Defendant on September 22, 2017.

On April 20, 2017, the Defendant paid KRW 310 million to B and C with the repayment title of the claim provisionally seized as above.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7

2. According to the above facts of recognition, since repayment made to B and C cannot be asserted to the Plaintiff, who is the provisional seizure authority after the Defendant delivered the provisional seizure order against the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 125 million collected and the damages for delay calculated at the rate of 15% per annum from October 12, 2017 to the day of full payment, which is the day following the delivery of the copy of the complaint of this case sought by the Plaintiff.

3. The plaintiff's claim for conclusion is justified and accepted.

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