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(영문) 서울남부지방법원 2014.05.01 2014가합2526
추심금
Text

1. The Defendant’s KRW 200,000,000 as well as 6% per annum from October 31, 2013 to March 5, 2014 to the Plaintiff.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Part of dismissal (part of delay damages) claims against the Plaintiff for delay calculated at the rate of 20% per annum from October 11, 2013 to March 5, 2014, the day following the day when the order of seizure and collection was served to the Defendant. However, the collection order is merely granted to the execution creditor the right to collect the claim against the third debtor, and it does not order the third debtor to pay the creditor the amount equivalent to the amount of the claim attached to the execution creditor, or set the deadline for payment. Thus, the third debtor is not liable for delay in relation to the amount of the claim seized to the execution creditor is not from the time when the execution court issues the collection order, but from the day after the execution creditor receives the request for collection from the execution creditor after the issuance of the collection order (see Supreme Court Decision 2010Da47117, Oct. 25, 2012). The Defendant receives the Plaintiff’s claim for delay payment from the Plaintiff at the rate of 30% to 130% per annum 130,2131, 20130.

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