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(영문) 의정부지방법원고양지원 2015.12.24 2015가단28886
추심금
Text

1. As to the Plaintiff KRW 149,284,712 and its KRW 119,178,082, the Defendant shall start on September 17, 2015, and the remainder 30,106.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C filed a claim for loans with Seoul Southern District Court 2013Gahap5962, the Seoul Southern District Court sentenced C to the judgment that “C shall pay to the Plaintiff 100 million won and 20% interest per annum from March 16, 2013 to the date of full payment.” However, C appealed appealed, but the said judgment was dismissed and the judgment became final and conclusive.

(hereinafter referred to as “instant enforcement claim”) b.

C’s claim C against the Defendant was filed with the Seoul Central District Court 2013Gahap10555 and was sentenced to the judgment that “the Defendant shall pay C the amount equivalent to 30% per annum from August 21, 2008 to the day of full payment, with respect to KRW 80,00,000 and KRW 50,000 among them,” and the judgment became final and conclusive upon the Defendant’s appeal and final appeal against the above judgment.

(hereinafter referred to as “instant seized claim”) against the Defendant in accordance with the above judgment C.

(1) On March 3, 2014, the Plaintiff was issued a collection order (hereinafter referred to as “instant collection order”) with respect to the attachment and collection of the claim against C as to KRW 119,178,082 (10,000 from March 16, 2013 to February 28, 2014, and the amount equivalent to 20% per annum from March 16, 2013 to February 28, 2014 from the enforcement bond of this case) against C based on the enforcement bond of this case, and the said order was served on the Defendant on March 7, 2014.

(2) On August 26, 2015, the Plaintiff also issued a collection order on KRW 30,106,630 out of the instant execution bonds based on the instant execution bonds issued by the Gwangju District Court’s 2015TTT 6304 (the sum of KRW 29,698,630,630, and KRW 408,000 from March 1, 2014 to August 24, 2015, based on the annual rate of 20% from the enforcement bonds of this case).

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