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Reasons
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(영문) 의정부지방법원고양지원 2014.11.07 2014가단10871
추심금
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1. The Defendant’s KRW 30,619,177 as well as the Plaintiff’s annual rate of 5% from September 12, 2013 to November 7, 2014.

Reasons

1. Basic facts

A. On October 17, 2012, the Plaintiff was issued a ruling of provisional seizure of the claim in the separate sheet (hereinafter “instant provisional seizure”) against the obligor B, the third obligor, the Defendant, and the content of the claim, and the claim amounting to KRW 60 million, as indicated in the separate sheet (hereinafter “instant claim”).

B. On May 22, 2013, in the case of loans extended to the Plaintiff on June 22, 2011, Jan District Court 2013Kadan11372, the judgment with a content that the Plaintiff would pay to the Plaintiff KRW 60 million per annum from July 2, 2011 to April 1, 2013, and 20% per annum from the next day to the date of full payment (hereinafter “the judgment of this case”).

C. After that, on June 18, 2013, the Plaintiff received the provisional attachment order (hereinafter “instant first collection order”) stating that “The Plaintiff transferred KRW 60,000,000 according to the instant provisional attachment to the original attachment, and seized KRW 7,660,273,” which was issued a request for cancellation as to the instant first collection order, around July 15, 2013. At the request of B, the Defendant filed a request for cancellation as to the instant first collection order, and the Defendant refunded KRW 83,246,280 to B on September 9, 2013 (hereinafter “instant refund”).

On September 10, 2013, the Plaintiff was issued a provisional seizure and collection order (hereinafter “the second collection order of this case”) by transferring the provisional seizure to the original seizure, which is the debtor B, the third debtor, the defendant, and the claimed amount of KRW 70,454,793, which is called “the debtor B, the defendant, and the claims amount of KRW 70,454,794.”

E. B paid KRW 40 million to the Plaintiff via C on September 11, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 6, Eul 1 through 4, the purport of the whole pleadings and arguments

2. Determination:

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