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(영문) 인천지방법원 2017.05.25 2017가단5715
추심금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Claim for collection;

A. On August 23, 2013, the first instance court rendered a judgment against the Defendant that “the Defendant shall pay 62,076,000 won per annum from March 1, 2012 to August 23, 2013, and 20% per annum from August 24, 2013 to 20% per annum from the date of full payment,” and that “the Defendant shall pay 62,076,000 won per annum from the date following the Seoul High Court’s judgment to June 18, 2014, and from the date of full payment to the date of full payment, 30% per annum from the date of the above judgment to the date of full payment, 305% per annum from the date of the first instance judgment to the date of full payment.” The Defendant’s judgment against the Defendant was dismissed from the date after the Seoul High Court’s appeal to the date of full payment, 305% per annum 25,2014 to the date of full payment.

(B) On September 11, 2013, the Plaintiff filed an order for the seizure and collection of claims with the Incheon District Court 2013TTT 27944, and received a decision from the above court that “The claim up to KRW 300 million, out of the judgment bond of this case against the third debtor of the debtor's prior construction, may be collected by the Plaintiff,” and the above collection order was served on the Defendant on September 16, 2013. [Grounds for recognition] The above collection order was served on the Defendant on September 16, 2013. [The grounds for recognition] The written evidence Nos. 1, 2, 3, and 4 evidence, and the purport of the entire pleadings, 2) The Defendant is obliged to pay the Plaintiff 44,856,000 won with the annual interest rate from March 1, 2012 to August 23, 2013 to 15% of the annual interest rate from the following day to June 16, 2014.

(b).

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