logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 여주지원 2018.03.29 2017가단5404
전부금
Text

1. The Defendant’s KRW 75,00,000 as well as the Plaintiff’s annual rate of KRW 6% from August 10, 2017 to September 28, 2017.

Reasons

1. Facts of recognition;

A. On June 5, 2017, the Plaintiff drafted a notarial deed under a monetary consumer loan agreement (hereinafter “notarial deed of this case”) stating that “A notary public borrowed KRW 95 million from the Plaintiff on May 26, 2017 and repaid KRW 20 million on May 31, 2017, the Plaintiff shall pay KRW 75 million to the Plaintiff on June 30, 2017, and if a notary public fails to perform the said obligation, he/she shall immediately be deemed to have no objection, even if he/she is subject to compulsory execution.”

B. The Plaintiff was issued a seizure and assignment order (hereinafter “instant seizure and assignment order”) with respect to the construction price to be paid by the third-party obligor for the construction of multi-household D D D (hereinafter “third-party obligor”) with the claim amounting to KRW 95 million in Suwon District Court No. 2017TT-208, and the said seizure and assignment order was served on the Defendant on June 29, 2017, and became final and conclusive on August 9, 2017.

C. At the time the instant attachment and assignment order was served on the Defendant, C performed the new construction of a multi-household building D in Echeon-si and the construction cost not received from the Defendant remains equivalent to KRW 103,205,00.

On September 13, 2017, the Plaintiff received KRW 20 million from the Defendant.

[Evidence Evidence: Descriptions of Evidence Nos. 1, 2, 4, and 5; Statements No. 3 and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. According to the above facts of recognition as to the cause of claim, the Defendant shall pay to the Plaintiff the remainder of the construction price of KRW 75 million that the Plaintiff received in accordance with the instant attachment and assignment order, and the damages for delay calculated by the rate of 6% per annum under the Commercial Act from August 10, 2017 to September 28, 2017, which is the day following the day on which the instant attachment and assignment order was finalized, which is the day on which the Plaintiff’s copy of the complaint was served, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

arrow