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1. The Defendant shall pay to the Plaintiff KRW 22,154,00 and interest rate of KRW 15% per annum from July 1, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff filed an application with Daegu District Court for a payment order against C seeking payment of KRW 34,66,90 for the goods price of KRW 34,5236 and damages for delay thereof. On August 26, 2015, the said court ordered C to pay the said amount to the Plaintiff, and the said payment order was finalized on September 12, 2015.
B. The Plaintiff filed an application for the seizure and collection order stating that the Plaintiff is the obligee, C, the obligor, the Defendant, the third obligor, the amount of the claim KRW 36,309,901 (the sum of principal KRW 34,666,90 and interest and enforcement expenses thereon) (the sum of principal KRW 34,66,90 and interest and enforcement expenses thereon) and the claims to be collected by the obligee, C, the obligor, the Defendant, and the third obligor, the amount of the claim under the franchise agreement between the obligor and the third obligor, and the amount of the claim to be paid to the obligor under the franchise agreement between the obligor and the third obligor, until it reaches the above claim: Provided, That where the amount of the claim is not less than the above claim, the attachment and collection order stating the above amount of the claim shall also be attached to the subsequent claim, and on December 29, 2015, the above court issued the seizure and collection order (hereinafter “instant collection order”). The instant collection order was served on the Defendant on December 31, 2015.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion that the plaintiff has a claim against C for the price of goods due to the cause of the claim in this case, and C holds a claim against the defendant for the price of goods, and since the plaintiff received the collection order in this case and served it on the defendant, the defendant asserts that the defendant is liable to pay KRW 36,30901 and delay damages therefor to the plaintiff.
B. Whether there exists the claim to be collected 1. ① The existence of the claim to be seized in the lawsuit of collection based on the attachment and collection order.