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(영문) 대전지방법원천안지원 2019.11.08 2019가합100779
추심금
Text

1. The Defendant’s KRW 380,164,70 for the Plaintiff and KRW 5% per annum from November 14, 2018 to November 8, 2019 for the Plaintiff.

Reasons

1. Basic facts

A. On the basis of the authentic copy of a notarial deed (No. 3442) executed by the law firm D in May 24, 2018, the Defendant issued a collection order against C’s Defendant at the Incheon District Court on May 24, 2018, with respect to the claim amounting to KRW 517,990,480 (the claim for return of deposit due to the expiration of the goods supply contract) against C’s Defendant (the claim for refund due to the expiration of the goods supply contract).

(In Incheon District Court 2018TTTT 12993).2

On May 28, 2018, the above order of seizure and collection was served on the defendant.

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

2. Judgment on the issue

A. The gist of the party’s assertion is that the Plaintiff sought payment of KRW 517,90,480 to the Defendant, as stated in the purport of the claim.

On the other hand, the defendant asserts that the amount of seized claim (C's claim for return of deposit to the defendant) is only KRW 380,164,700.

B. Determination 1) In full view of the purport of the argument in the evidence No. 5 and No. 1 of the evidence No. 5 and No. 1, it is recognized that the amount of the claim to return the deposit to the Defendant at the time of the seizure and collection order was KRW 380,164,700. 2) If so, the Defendant is obligated to pay to the Plaintiff, the collection obligee, the collection obligee, the amount of KRW 380,164,700, and the damages for delay calculated at the rate of 12% per annum as prescribed by the Civil Act, from November 14, 2018, the day following the delivery date of the original copy of the instant payment order, which is deemed reasonable for the Defendant to dispute the existence and scope of the obligation.

3. The Plaintiff shall claim damages for delay from the day following the date on which the collection order was served to the Defendant.

However, a collection order shall be given to the execution creditor the right to collect the claim against the garnishee, and it shall be paid by the third debtor equivalent to the amount of the claim seized to the execution creditor.

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