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(영문) 대전지방법원 2015.12.10 2015가단8374
추심금
Text

1. The Defendant’s KRW 93,364,383 as well as the Plaintiff’s annual rate from March 17, 2015 to December 10, 2015.

Reasons

1. Facts of recognition;

A. On March 20, 2011, the Defendant entered into a sales contract with C Co., Ltd. (hereinafter “Non-Party Company”) with the content that the Non-Party Company purchases KRW 8,000,000,000 (hereinafter “the instant sales contract”).

B. 1) On February 13, 2014, the Plaintiff’s claim for loans amounting to KRW 93,364,383 against the Plaintiff’s non-party company is the claim for loans. In the case of provisional seizure of claims filed by the Plaintiff, the non-party company, and the third debtor as the Defendant, Daejeon District Court 2014Kadan732 decided from the above court that provisional seizure of claims against the Defendant of the non-party company up to the above claim amount out of the sales price claim based on the sales contract of this case against the Defendant of the non-party company (hereinafter “decision on provisional seizure of claims”).

(2) On February 26, 2014, the original copy of the instant provisional seizure order was served on the Defendant.

C. On August 14, 2014, the Plaintiff was sentenced to a judgment of Daejeon District Court 2014Da10745, Daejeon District Court 2014Kadan10745, that “Non-Party Company shall pay to the Plaintiff the amount of KRW 50,000,000 with interest calculated at the rate of 24% per annum from July 3, 2010 to the date of full payment.” The Plaintiff appealed against Non-Party Company, but the appeal was dismissed by the judgment of December 24, 2014 at the same court 2014Na12698, and the said judgment became final and conclusive on January 10, 2015.

1. On February 6, 2015, the Plaintiff’s claim amounting to KRW 105,167,123 based on the claim amount against the Plaintiff’s non-party company. In the case of a seizure and collection order where the Plaintiff’s creditor, non-party company, and the Daejeon District Court 2015, which filed for a third debtor as the Defendant, transferred provisional seizure from the said court to the seizure, the Plaintiff and the non-party company up to the above claim amount out of the purchase price claim based on the instant sales contract against the Defendant.

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