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(영문) 수원지방법원 성남지원 2018.10.16 2017가합400560
추심금
Text

1. The Defendant’s KRW 3,518,04,351 as well as 5% per annum from March 3, 2017 to October 16, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. C around March 2009, lent KRW 6 billion to the Defendant.

(hereinafter “The instant loan credit”). (b)

On July 8, 2011, the Plaintiff agreed to be paid the money calculated at the rate of KRW 4,00,000 per month from June 30, 2008 to the time when the sale of the buildings with KRW 2.7 billion and KRW 16,40,000 and the buildings with KRW 4,000,000 from Busan-gu D 27,000 to June 30, 208 (hereinafter “instant buildings”) or the financial loans are conducted.

(2) On March 31, 2016, the Plaintiff filed a lawsuit against Suwon District Court for the payment of the said agreed amount (hereinafter “instant agreed amount claim”). On March 31, 2016, the Plaintiff received a partial winning judgment from the said court that “C shall pay to the Plaintiff KRW 3 billion, KRW 76.4 million, and delay damages therefor,” and the Plaintiff and C appealed appealed as Seoul High Court 2016Na20268, but the dismissal judgment was pronounced on November 24, 2016, and the said judgment became final and conclusive thereafter.

C. On May 6, 2015, the Plaintiff was issued a decision of provisional seizure of claims against the “2 billion won out of the instant loan claim” as a preserved right by Sungwon District Court Branch 2015Kadan50163 (hereinafter “decision of provisional seizure”). The said provisional seizure order was served to C on May 22, 2015.

On May 2, 2016, the Plaintiff: (a) transferred the provisional seizure of claims to KRW 2 billion among the instant loan claims for which the order for provisional seizure of claims was issued by Sungwon District Court Branch Branch 2016TTTT 2016; (b) additionally seized KRW 1,518,04,351 out of the instant loan claims against the Defendant, and (c) additionally seizes KRW 3,518,04,351 (i.e., KRW 3,518,518,04,351 (i.e., KRW 1,518,00,04,351). The Plaintiff received a collection order for the seizure and collection of claims (hereinafter referred to as “instant claim seizure and collection order”); and (d) served on May 9, 2016 on the Defendant.

[Ground of recognition] Unsatisfy, A(1) through (3)

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