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(영문) 부산지방법원 2018.06.07 2017가단333417
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 14,019,766 and the interest rate of KRW 15% per annum from May 25, 2018 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the entries in Gap evidence Nos. 1, 2, 3-1, 2, and 4.

1) B Fund was the managing agency of C Fund under the former Act on the Assistance to Residential Stability and Lump Sum-Raising Savings of Workers (amended by Act No. 7030, Dec. 31, 2003) and was subject to the provisional seizure order against D’s claim against D as stated in attached Table 1 (hereinafter “the provisional seizure order of this case”) on September 12, 2002 by Busan District Court Decision 2002Kadan32099 on September 9, 2002. The provisional seizure order of this case was served on the Defendant, who is the debtor on September 3, 2002.

3) After the Korea Housing Finance Corporation was enacted by Act No. 7030 on December 31, 2003, the Plaintiff was established and enforced on March 1, 2004. The Plaintiff succeeded to the claim for the aforementioned advance reimbursement pursuant to Articles 6 and 7 of the Addenda of the said Act. 4) The Plaintiff received a payment order against D on January 24, 2008 as Busan District Court Decision 2008Guj1856, and the said payment order was finalized on February 19, 2008.

5) On September 25, 2017, the Plaintiff issued the above payment order with the title of execution and transferred the provisional seizure of KRW 14,019,766 as the Busan District Court 2017TTTT No. 57870, the provisional seizure order for the instant claim to the original seizure order, and the seizure and collection order for the instant claim (hereinafter “the collection order for the instant claim”).

(6) D, from April 16, 1999 to January 6, 2016, served as the Defendant’s employee from April 16, 199 to January 6, 2016, and the amount of monthly remuneration was annually increased from KRW 3,069,845 to KRW 4,22,352 in 2015.

B. According to the above facts, the defendant is subject to the seizure and collection order of the instant claim.

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