logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2015.07.13 2014가단55114
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 42,277,943 and the interest rate of KRW 20% per annum from December 9, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On February 20, 2014, the Korea Development Bank (hereinafter “Korea Development Bank”) sold the land and its ground factory in order to the Defendant in order to transfer to the Defendant, and received the down payment and intermediate payment. On February 21, 2014, the Korea Development Bank completed the registration of ownership transfer on the said real estate in the future of the Defendant.

B. Meanwhile, the Plaintiff’s claim for the purchase price of goods at KRW 40,091,200 against Korea’s sale is a claim, and the Plaintiff filed an application for provisional attachment against the remainder claim against the Defendant pursuant to the above sales contract (hereinafter “instant purchase price claim”) with Korea, and received the decision on June 24, 2014, and the said decision became final and conclusive on June 27, 2014.

(Wooju District Court Decision 2014Kadan1086). (c)

In addition, the Plaintiff asserted the claim for the price for the goods as stated in the above Paragraph (b) against Korea's sale and sought the payment of "40,091,200 won and damages for delay thereon", and received the payment order on July 9, 2014. The above payment order was finalized on July 29, 2014.

(No. 2014No. 1157) d by the Mine District Court.

Then, based on the above final payment order, the Plaintiff applied for the attachment and collection order of the amount of KRW 42,277,943, the principal amount of KRW 40,091,20, and damages for delay calculated at the rate of KRW 20% per annum from July 15, 2014 to the date of full payment, and the provisional attachment amount of KRW 40,091,200 as stated in the above Paragraph (b) including the expenses for demand procedure, etc., from July 15, 2014 to the date of full payment, and the provisional attachment of KRW 2,186,743 until the date of additional attachment, and received the decision on October 8, 2014. The above decision became final and conclusive around that time.

Gwangju District Court 2014TTY 4637, hereinafter referred to as "the seizure and collection order of the claim in this case".

(ii) [Ground of recognition] unsatisfy, or Gap evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings;

2. According to the above facts of recognition as to the cause of the claim, the defendant shall be the plaintiff unless there are special circumstances.

arrow