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1. The Defendant shall pay to the Plaintiff KRW 35,519,835 and the interest rate of KRW 12% per annum from November 1, 2019 to the date of full payment.
Reasons
1. Facts of recognition;
A. By October 31, 2018, the Plaintiff, who manufactures gold, etc., supplied C (hereinafter “foreign company”) with gold punishment, etc. on credit to C (hereinafter “foreign company”).
B. The Plaintiff urged the non-party company to pay the unpaid amount of goods on several occasions, but did not receive KRW 50,645,700 from the non-party company (hereinafter “the price of the goods in this case”).
C. Accordingly, the Plaintiff filed a lawsuit against the non-party company as Changwon District Court Decision 2019Da3632, and on June 13, 2019, rendered a judgment that “the non-party company shall pay to the Plaintiff 50,645,700 won with interest of 15% per annum from April 16, 2019 to the day of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive around that time.
According to the instant judgment, the Plaintiff filed an application for a seizure and collection order (hereinafter “instant collection order”) against the non-party company’s claims for the amount of goods, etc. owned by the non-party company against D, etc., based on the Changwon District Court Decision 2019TT41, and received the instant collection order on July 1, 2019. The instant collection order was served on D, etc., the third debtor at that time.
E. The Plaintiff, based on the instant collection order on September 20, 2019, received KRW 16,820,609, out of the deposit money deposited by the Changwon District Court No. 2079 for the year 2079, based on which the Plaintiff collected the instant collection order, and then appropriated it for KRW 1,694,74, the total of damages for delay and expenses for execution, and KRW 15,125,865, and the principal amount to KRW 35,519,835 (= KRW 50,645,700 - KRW 15,125,865).
F. Meanwhile, on May 31, 2019, the Defendant, a representative director of the non-party company, was pending in the lawsuit claiming the price of the goods of this case, paid 50,645,700 won to the Plaintiff jointly and severally with the non-party company. However, on June 10, 2019, the Defendant paid 15 million won to the non-party company, and the same year.
6.To 30,35,645,700 won shall be repaid respectively.