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(영문) 부산지방법원 2017.09.20 2017가합43803
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 235,979,382 and the interest rate of KRW 15% per annum from February 25, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 22, 2013, the Plaintiff filed a lawsuit against the Plaintiff seeking compensation for damages due to nonperformance with C (Seoul District Court Branch Branch Decision 201Gahap3946), and the judgment was rendered on August 22, 2013 that “C shall pay to the Plaintiff 131,510,000 won and interest calculated at the rate of 5% per annum from June 14, 201 to July 8, 2013, and 20% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive around that time.

B. On July 14, 2011, the Defendant prepared a written confirmation that “C will confirm to the Plaintiff the remainder other than the obligation that C shall pay to the Defendant after receiving the Defendant’s compensation (hereinafter “instant land”).” On July 27, 2015, the captain of Busan Metropolitan City deposited KRW 524,389,910 in the amount of 8,71,306 square meters and 330 square meters in the amount of 3,251,30 square meters in the amount of 8,716 square meters in Busan Metropolitan City, Busan Metropolitan City, the Defendant deposited KRW 524,389,910 in the amount of compensation with the Busan District Court Branch of the Busan District Court for 2015, which deposited KRW 1479 in the amount of KRW 1479 in the amount of 3,205,715,704,7085,708.

3 The obligation to be paid by C to the Defendant is KRW 626,020, cadastral survey expenses, KRW 1,740,20, KRW 500,00, KRW 245,00, KRW 240,00, KRW 237,00, KRW 79,00, KRW 476, and KRW 82,567,696, including capital gains tax, KRW 79,219, and KRW 476.

C. On December 21, 2016, the Plaintiff filed an order of seizure and collection with the Busan District Court Branch 201Gahap3946 on December 21, 2016, for the claim amounting to KRW 235,979,382 on the basis of the executory exemplification of the judgment rendered by the Busan District Court Branch 201Gahap3946, and for the debtor C and the third debtor to “C’s claim amount to be paid by a written confirmation issued on July 14, 2011,” and for the claim seizure and collection order issued on December 22, 2016.

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