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(영문) 춘천지방법원 2015.01.22 2014가단6780
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 13, 2014, B entered into an agricultural products contract cultivation agreement (hereinafter “instant agricultural products cultivation agreement”) with the Defendant by stipulating that “The amount of capital reduction, quantity: 350 kilograms, contract amount: 21 million won: the expected date of purchase: July 1, 2014; - July 3, 2014” (hereinafter “instant agricultural products cultivation agreement”).

B. On July 1, 2014, the Plaintiff filed a claim attachment and collection order with the Chuncheon District Court 2014TT2425 with respect to B’s claim for purchase price of agricultural products under the instant agricultural product cultivation agreement against B (hereinafter “instant claim for purchase price of agricultural products”) with the executory exemplification of the loan payment order in Seoul Central District Court 2012 tea 36356 against B, and issued a collection order (hereinafter “instant collection order”) on July 1, 2014.

C. The original copy of the instant collection order was served on the Defendant, who is the garnishee on July 2, 2014.

On the other hand, the defendant has the following claims against B:

1) The Defendant loaned to B, on November 19, 2007, KRW 15 million: “The repayment period: the extension of the repayment period: November 19, 2012) and interest rate: 1.86% per annum (the base rate: the floating rate: the floating rate: 1.86%) and the floating rate: 16% per annum (the floating rate): and on June 30, 201, the Defendant loaned KRW 300,000 to B as “the payment period: the interest rate on June 30, 201; the floating rate on June 30, 201: 3% per annum (fixed interest rate); and the floating rate on delay: 13% per annum (the pertinent loans each of the above loans each are the loans each of the instant agreements”).

As of July 7, 2014, the principal and interest on each of the instant loans are KRW 8,541,545 in total. 2) The Defendant entered into an agreement on credit transactions of agricultural materials (hereinafter referred to as “instant agreement on agricultural materials”) with B on October 25, 2006, by setting the terms “limit amount: KRW 5 million: Date of expiration: October 25, 2009 (up to October 25, 2012), interest rate: 8.5% per annum (up to October 25, 2012): interest rate for delay: 18.5% per annum. As of July 7, 2014, the Defendant entered into an agreement on credit transactions of agricultural materials (hereinafter referred to as “instant agreement on agricultural materials”).

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