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Reasons
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(영문) 수원지방법원안양지원 2014.09.04 2014가단4048
추심금
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1. The Defendant shall pay to the Plaintiff KRW 36,576,438 and a rate of KRW 20% per annum from April 1, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff filed a payment order (Seoul Central District Court 201j. 52101) with C seeking payment of the agreed amount of KRW 28,000,000 against C, and issued a payment order on June 20, 201, and the same year.

9.7 The above payment order was finalized.

(hereinafter “instant payment order”). B.

C filed a lawsuit against the Defendant seeking the return of custody money with the Seoul Central District Court 2012Gahap5959, and the said lawsuit was concluded on November 7, 2013 in the case of Seoul High Court 2013Na39171 (hereinafter “Seoul High Court 2013”) where C and the Defendant appealed, the Defendant paid KRW 190,000 to the Plaintiff (hereinafter “Defendant”) on November 7, 2013, on condition that KRW 50,000,000 among them shall be paid until November 27, 2013, the remainder of KRW 140,000 shall be paid until January 15, 2014. Provided, That even once the above period is extended once, the damages for delay shall be paid in addition to the annual rate of 20% from the day following the date of loss of interest due to the due date.”

(hereinafter referred to as “instant claim against the Defendant for which the conciliation was completed” C.

On March 20, 2013, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) under the Seoul Central District Court 2013TTT7231 as to KRW 36,576,438, out of the claims to be paid by the Defendant due to the above Seoul Central District Court 2012Gahap5959, and the above collection order was issued by March 20, 2013.

7. The defendant was served on 18.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the defendant, barring any special circumstance, shall have the original copy of the instant payment order to the defendant, as sought by the plaintiff, as the plaintiff, among the claims for custody of this case which C had against the defendant, and as requested by the plaintiff.

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