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(영문) 인천지방법원 2018.06.19 2017가합3020
추심금
Text

1. The Plaintiff:

A. The defendant's father, Seocho-gu, North Korea's side district redevelopment and maintenance project partnership, and the defendant's vice bank.

Reasons

1. Facts of recognition;

A. On April 21, 2017, the Plaintiff filed a lawsuit against Masung C&C Co., Ltd. (hereinafter “Masung C&C”), and the said court rendered a judgment ordering the Plaintiff to pay 345,450,000 won with the amount of KRW 184,50,000 per annum for KRW 160,950,00 from March 11, 2014 for KRW 160,950 from August 27, 2015 to April 21, 2017; and KRW 15% per annum for KRW 184,50,000 from the next day to the date of full payment.”

(hereinafter “instant first instance judgment”) B.

On June 19, 2017, the Plaintiff: (a) filed an application with the competent court for the attachment and collection order of the claim against Defendant 100,000,000 won for each of the service charges and the repayment claims against Defendant 2-2 Housing Redevelopment and Improvement Project Cooperatives; (b) on June 21, 2017, the Plaintiff filed an application with the competent court for the attachment and collection order of the claim against Defendant 1,00,000,000 won for each of the service charges and the repayment claims against Defendant 2-2 Housing Redevelopment and Improvement Project Cooperatives; (c) on June 21, 2017, the Plaintiff received a decision from the competent court on June 21, 2017.

(hereinafter “instant collection order”). The instant order was served on June 23, 2017 on each of the Defendants.

C. On the other hand, friendly C&C appealed against the judgment of the first instance (Seoul High Court 2017Na925). On February 7, 2018, the Seoul High Court revoked the Plaintiff’s claim for revocation as to KRW 163,950,000 from March 11, 2014 to February 7, 2018; KRW 160,950,000 from August 27, 2015 to April 21, 2017; and KRW 15% from the next day to the date of full payment; and the Plaintiff’s claim for revocation as to KRW 163,950,00 from the date of the judgment of the first instance to the date of full payment; and the Plaintiff’s claim for revocation as to KRW 15% from the date of the judgment of the lower court to the date of full payment.”

The Court of Appeals (hereinafter referred to as the "Appeal").

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