(영문) 광주지방법원 2020.01.31 2019나2908 | 리걸엔진

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(영문) 광주지방법원 2020.01.31 2019나2908

추심금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. On May 29, 2018, Nonparty C (hereinafter “C”) filed an application with the Defendant for a payment order claiming payment of KRW 2,2250,000 and damages for delay thereof (hereinafter “instant credit”). On the same day, Nonparty C (hereinafter “C”) received a payment order with the effect that “the Defendant shall pay C the amount calculated at the rate of 15% per annum from the next day of delivery of the original copy of the KRW 22.250,000 and the original copy of the payment order to C” (hereinafter “instant payment order”), and the said payment order was served on the Defendant on May 31, 2018 and finalized on June 15, 2018.

B. On August 21, 2009, the Plaintiff filed a lawsuit against C with the Plaintiff seeking the return of the loan amounting to KRW 40 million and the delay damages (the agreed interest) (Seoul District Court 2009Da54824), and on June 9, 2010, the Plaintiff was sentenced on June 9, 2010 that “C shall pay to the Plaintiff the amount of KRW 40 million and the interest calculated at the rate of KRW 24% per annum from December 23, 2006 to the date of full payment,” and the above judgment was served to C on June 14, 2010 and finalized on June 29, 2010.

C. On October 18, 2018, the Plaintiff was the Gwangju District Court 2018TTT15493.

The judgment of Paragraph 1 is the executive title, and the amount of KRW 153,522,611 out of the amount of claims among the amount of claims in this case was issued with the seizure and collection order (hereinafter “instant claim seizure and collection order”), and the above claim seizure and collection order were served on October 24, 2018 to the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The Plaintiff asserts that (1) the Defendant is liable to pay KRW 2250,00 and delay damages to the Plaintiff, the collection obligee based on the instant claim attachment and collection order, while the Defendant alleged that it is obligated to pay the Plaintiff, the collection obligee based on the instant claim attachment and collection order, and (2) the said claim was extinguished by the payment agreement between the parties prior to the delivery of the above claim attachment and collection order.

유사 판례

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