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(영문) 서울중앙지방법원 2016.04.21 2016가단5006876
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,345,310 as well as KRW 26,91,40 as to the Plaintiff’s KRW 32,345,310 from November 24, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On May 14, 2015, the Plaintiff filed a lawsuit against Suwon Co., Ltd. with Jeju District Court No. 2015Kadan50001, and the said decision became final and conclusive around that time, upon receiving a ruling of recommending reconciliation from the above court to the effect that “the total amount of KRW 26,91,400 and interest calculated at the rate of 20% per annum for the Plaintiff from November 27, 2014 to the date of full payment.”

B. On July 22, 2015, the Plaintiff received a collection order of KRW 30,506,30 of the credit sales price claim against the Defendant by Suwon Farm Co., Ltd. (hereinafter “instant seizure and collection order”) as Jeju District Court 2015TT20345, Jul. 22, 2015.

C. On July 27, 2015, the collection order of the instant case was served on the Defendant and finalized.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 32,345,310 won and 26,91,40 won among them with 20% interest per annum from November 24, 2015 to the date of complete payment.

B. The Defendant’s assertion 1) asserts that the Defendant deposited the credit card sales proceeds to Suwon Co., Ltd. for the concurrent reasons of seizure. 2) The Defendant deposited each of the KRW 2,490,560 (Seoul Central District Court 2015Hun-2, Sept. 22, 2015) out of the credit card sales proceeds to Suwon Co., Ltd. for the concurrent reasons of seizure (Seoul Central District Court 2015Hun-2, Nov. 11, 2015), and deposited each of the KRW 11,273,918 (Seoul Central District Court 2015Hun-274444).

The deposit of execution by a third party obligor under Article 248 of the Civil Execution Act is a requirement for the concurrence of seizure of seized claims. In this case, the amount that the third party obligor is obliged to deposit is the total amount of obligations.

(See Supreme Court Decision 2002Da22700 Decided July 22, 2004, etc.). The defendant is based on March 22, 2016.

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