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(영문) 수원지방법원여주지원 2019.05.16 2018가단1508
추심금
Text

1. The Defendant’s KRW 26,167,790 for the Plaintiff and KRW 5% per annum from March 30, 2018 to May 16, 2019.

Reasons

1. Basic facts

A. On September 28, 2016, the Plaintiff: (a) issued a provisional attachment decision on the claim for the cargo transport price to be paid each month from January 1, 2016 to the Defendant of the non-party C Co., Ltd. (the representative director D; hereinafter “non-party Co., Ltd.”) with the claim amounting to KRW 48,642,00,00 as the Sungwon District Court Branch Branch Branch 2016Kadan2312; and (b) received the provisional attachment order on September 30, 2016. The provisional attachment order was served on the Defendant on September 30, 2016.

B. On December 13, 2016, the Plaintiff filed a claim for transportation charge with Sungwon District Court Branch 2016Da22881, and was sentenced to the judgment of December 13, 2016, stating that the Plaintiff shall pay to the Plaintiff KRW 48,642,00 and the interest rate of KRW 15% per annum from October 12, 2016 to the date of full payment.

C. On January 20, 2017, the Plaintiff was issued a decision on the seizure and collection order (hereinafter “the seizure and collection order of this case”) with the purport of transferring the provisional seizure of KRW 48,642,00, out of the distribution transport price claims by the decision on the provisional seizure of the instant claim, to the seizure to the original seizure, and attaching the remainder of KRW 2,145,277 (the remainder after deducting KRW 48,642,000,00,000, from the claim of KRW 50,787,277, from the claim of this case) on January 24, 2017. The attachment and collection order of this case were served on the Defendant on January 24, 2017.

[Evidence Evidence: Evidence Nos. 1 through 5 (including paper numbers; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The Plaintiff’s assertion 1) At the time of the instant provisional attachment, the Plaintiff had a claim against the Defendant of the non-party company arising from a distribution transport transaction between the non-party company and the Defendant at the time of the instant provisional attachment, and had a transport charge of KRW 75,539,310 ( KRW 26,167,790 for July 26, 2016, KRW 25,649,250 for August, 2016, KRW 25,649,250 for September, or KRW 23,72,270 for September, or the Defendant’s repayment of the said debt amount that occurred after the said provisional attachment against the Plaintiff, who is the right holder of the instant provisional attachment.

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