(영문) 부산지방법원 2015.03.20 2014나9943 | 리걸엔진

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(영문) 부산지방법원 2015.03.20 2014나9943

채권추심배당금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Reasons

1. Basic facts

A. On July 1, 2008, the Plaintiff filed a lawsuit against B in Busan District Court Decision 2008Da92523, Oct. 31, 2008, and sentenced that “B shall pay to the Plaintiff the amount of KRW 40,513,709 and the amount of KRW 5% per annum from January 22, 2008 to July 8, 2008, and 20% per annum from the next day to the date of full payment.” On November 22, 2008, the above judgment became final and conclusive.

B. On May 7, 2010, the Plaintiff entered into a delegation agreement for debt collection (hereinafter “instant contract”) with the Defendant, a company specializing in debt collection, on the following major contents, and delegated the Defendant the collection of the said judgment claim (hereinafter “instant debt collection claim”) on the same day.

Article 2 (Scope of Delegation of Duties) (1) The identification of the debtor's location and property, the demand for repayment, and the receipt of the repayment amount. (2) The consultation and consultation necessary for debt collection. (3) The vicarious execution of civil petition pursuant to the request of the creditor (Delegation) and other special activities necessary for debt collection. (5) The defendant shall deliver to the "Plaintiff" the amount obtained by deducting the collection fees under Article 7 (1) out of the repayment amount received, within five business days from the day following the receipt of the payment.

Provided, That if there is a separate agreement, the method may be changed.

(2) In the event of bankruptcy and liquidation, “Plaintiff” shall designate an agent to receive the repayment in advance in accordance with due process of delegation, and “Defendant” shall deliver the repayment to the mandator.

Article 7 (Collection Fees and Time for Payment) (1)

1. 30% of the amount to be recovered;

1. In principle, the “Plaintiff” shall pay the collection fees to the “Defendant” at the time of receiving the payment, and the method thereof shall be governed by Article 6(1).

2. The “Defendant” has delivered the full amount of the collection fees to the “Plaintiff” without deducting the collection fees in advance.

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