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(영문) 서울남부지방법원 2017.09.21 2017가단229585
추심금
Text

1. The Defendant shall pay 40,000,000 won to the Plaintiff and the interest rate of 15% per annum from June 3, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff from January 2016 to the same year

8. From November 19, 2016 to December 10, 2017, the court rendered a judgment that “the White Metal shall pay to the Plaintiff 225,358,142 annually an amount equivalent to 15% from the date of full payment of the goods” but did not receive KRW 225,358,142 from the date of supplying the goods, thereby filing a lawsuit against the White Metal for the claim for the payment of the goods.” On February 10, 2017, the court rendered a judgment that “the White Metal shall pay to the Plaintiff the amount equivalent to 225,358,142 won per annum from November 19, 2016 to the date of full payment.”

B. The Plaintiff filed an application with the Seoul Northern District Court for the seizure and collection order on March 24, 2017 with the obligor as Seoul Northern District Court 2017TTTT and the garnishee’s claim amounting to KRW 40 million against the Defendant and the Defendant, claiming for the seizure and collection order against the Defendant of the white metal as the claim for the collection of goods proceeds, and the above court issued the seizure and collection order on March 24, 2017. The above written decision was served on the Defendant on March 27, 2017.

C. The amount of the product price owed by the Defendant to the white metal is KRW 46,242,337.

[Reasons for Recognition] Each entry and whole purport of pleadings A1 through 3

2. According to the above facts, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from June 3, 2017 to the day of full payment, which is the day following the delivery date of the written application for the instant payment order.

3. If so, the plaintiff's claim is justified, and this is accepted.

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