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Reasons
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(영문) 인천지방법원 2018.11.22 2018가단5699
추심금
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1. The Defendant shall pay to the Plaintiff KRW 133,195,144 and the interest rate of KRW 15% per annum from March 29, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff shall pay the amount of 97,691,632 won and the amount of 6% per annum from January 1, 2012 to November 15, 2012, and 20% per annum from the next day to the day of complete payment to the company for Pakistan Construction.

“A claim for judgment” has a claim with the content that “Pream Construction Co., Ltd. shall pay 123,427,540 won to the Defendant (a former trade name: ABW Co., Ltd.) and 6% per annum from August 21, 201 to November 15, 201, and 20% per annum from the following day to the date of full payment.”

C. The plaintiff is the above A.

Based on the certified copy of the judgment with the executory power stated in paragraph (1), the defendant of Pakistan Construction Co., Ltd. is the Incheon District Court 2017Thochi2391.

Of the judgment money stated in the claim, KRW 133,195,144 was issued with respect to the seizure and collection order, and the above seizure and collection order was served on November 6, 2017 to the defendant.

[Ground of recognition] No dispute, entry of Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff, the collection obligee, 133,195,144 won and damages for delay calculated at the rate of 15% per annum from March 29, 2018 to the date of complete payment, which is the day following the delivery of the complaint in this case.

[Judgment of the court below in light of the above legal principles, the court below did not err in the misapprehension of legal principles as to the defendant's ground of appeal. It did not err in the misapprehension of legal principles as to the plaintiff's ground of appeal, as otherwise alleged in the ground of appeal.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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