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(영문) 광주지방법원목포지원 2015.07.06 2015가단814
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 11,439,230 as well as 20% per annum from February 10, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant concluded a contract on commission of debt collection with A as a corporation aimed at credit investigation business and debt collection business, and paid A monthly contract fees for the money collected by it.

B. Meanwhile, based on the final payment order that became final and conclusive under 2013 tea 114 and 2013 tea 115 of the same court that received against A, the Plaintiff filed an application with the Gwangju District Court for the issuance of a claim seizure and collection order with respect to KRW 52,635,070, out of the above fee claim against A against the Defendant, as the Gwangju District Court 2013TTT 17103, and received the said order on October 18, 2013 (hereinafter “instant claim seizure and collection order”).

(1) On November 8, 2013, 201. 10. 4. 10. 10. 10. 20. 1. 1. 10. 1. 20, 230. 921, 240 3. 54, 760 4. 2014. 20. 20, 2014. 10. 4. 10. 20. 4. 10, 205; 10. 3. 4. 1. 4. 4. 20, 205; 10. 4. 4. 4. 106: 648, 860; 10. 8. 26, 2014; 19. 4. 4. 203

C. However, after receiving the above decision on October 22, 2013, the Defendant paid the agreed fee (hereinafter “instant fee”) to A each month from November 8, 2013 to February 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1 to 3, the purport of the whole pleadings

2. In light of the determination as to the cause of the instant claim, the right to collect the instant fees incurred thereafter was transferred to the Plaintiff as the seizure and collection order of the instant claim became final and conclusive on October 22, 2013, and became effective, barring any special circumstance, the Defendant shall fully repay to the Plaintiff the said fees totaling KRW 11,439,230, and its payment from February 10, 2015, which is the day following the delivery of a copy of the instant complaint.

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