logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2014.01.29 2012가합4588
추심금
Text

1. The portion of KRW 250,000,000 among the plaintiff's primary claims and the conjunctive claims shall be dismissed respectively;

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) KSM Co., Ltd. (hereinafter “Nonindicted Company”)

(3) On June 27, 2008, the Plaintiff filed a lawsuit of demurrer (Seoul Central District Court 2007Gahap88304) against the Plaintiff’s filing of a petition for non-permission of compulsory execution based on the attached promissory note No. 1.1 billion won (a total of face value) with the Plaintiff. However, on June 27, 2008, the Plaintiff filed an appeal after being sentenced to a dismissal ruling from the court of first instance, and the appellate court (Seoul High Court 2008Na7297, July 1, 2009) concluded conciliation.

Details are as follows:

1. The non-party company, C, and the plaintiff set forth in each promissory note stated in the separate sheet as KRW 700,000,000 against the non-party company and C.

A. Of them, Nonparty Company, C paid to the Plaintiff KRW 10,500,000,000 to the Plaintiff and KRW 75,500,000,000,000 to which the said obligation had been extinguished; and

B. The remainder of KRW 625 million shall be paid jointly and severally by Nonparty Company and C to the Plaintiff. Of them, KRW 100 million shall be paid up to December 10, 2010, KRW 150 million up to May 10, 201, KRW 175 million up to October 10, 201, and KRW 200 million up to April 10, 201 in four installments. If Nonparty Company and C are liable for payment of the above amount on at least two occasions, they shall lose the benefit of time, and shall pay the unpaid amount in addition to damages for delay at a rate of 20% per annum from the next day to the date of full payment.

(A) On the other hand, the non-party company and the third party obligor are liable to the Plaintiff on July 26, 201 in accordance with the above mediation protocol, even if the date of installment payment under the above mediation was due, and the non-party company did not pay the Plaintiff the unpaid amount at a rate of 20% per annum from the date of the relevant payment date until the date of full payment of the unpaid amount (see, e.g., Supreme Court Decision 650,01, Oct. 19, 201).

arrow