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(영문) 울산지방법원 2018.07.19 2018가합20008
추심금 청구의 소
Text

1. The Defendant: 24% per annum from September 10, 2015 to December 21, 2017, and the Plaintiff’s January 2018.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”) entered into a contract with the Defendant during the period from February 1, 2011 to January 31, 2014 (i.e., the period of construction work KRW 89,780,00,000, and the period of construction from February 1, 201 to January 31, 201 (i.e., the period of construction work was changed from February 1, 201 to May 31, 201) with three companies, including HyundaiMCo Co., Ltd. (hereinafter “B”); and (ii) the share ratio of B construction work under the said contract is 25.5%.

The contractor, including B, completed the above construction work around May 2015.

B. On September 2, 2015, the Plaintiff and B drafted a notarial deed (No. 297, 2015, hereinafter “instant notarial deed”) stating that “B shall pay to the Plaintiff the amount of KRW 500,000,000,000 in the agreed amount, such as C corporation’s investment and dividend payment, by September 9, 2015, and shall pay damages for delay calculated at the rate of 24% per annum if the repayment is delayed by the payment due date, and if B fails to perform the above obligation immediately, it shall recognize that there is no objection even if compulsory execution is performed.”

C. Based on the instant notarial deed, the Plaintiff filed an application with the Daejeon District Court for the seizure and collection order under the Hongsung Branch Branch Branch of 2017TT 3200 with B as the debtor and the Defendant as the garnishee. On December 26, 2017, the Plaintiff received a collection order for the seizure and collection of the following details from the above court (hereinafter “instant collection order”).

The collection order of this case was served on the defendant around that time.

Amount of claim: Amount of KRW 500,000 and interest thereon at the rate of 24% per annum from September 10, 2015 to December 21, 2017, KRW 273,863,013, enforcement expenses, KRW 576,20, total of KRW 774,439,213, and indication of claims to be seized and collected: An amount up to the amount of claims (based on recognition) out of the amount of claims for the construction cost to be paid by the Defendant to the Corporation in Ulsan-gun, Ulsan-gun, U.S., U.S. to be paid by the Defendant, up to the amount of claims (74,439,213) out of the amount of the construction cost to be paid by the Defendant. The fact that there is no dispute over the grounds for recognition), Gap evidence 1

2. The cause of the action.

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