(영문) 서울동부지방법원 2016.03.04 2015가단26642

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(영문) 서울동부지방법원 2016.03.04 2015가단26642

전부금

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1. The Defendant shall pay to the Plaintiff KRW 20,560,756 and the interest rate of KRW 15% per annum from July 9, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff filed an application with the Seoul Eastern District Court for a payment order (2014 tea8975) seeking payment against the non-party company (hereinafter “non-party company”) among the claims for goods payment against the non-party company (hereinafter “non-party company”), and the payment order became final and conclusive on December 31, 2014.

B. The Plaintiff filed an application for the attachment and assignment order (2015TTT 437) with the non-party company as the debtor and the defendant as the garnishee. On January 15, 2015, the lower court rendered a decision that “The claim amounting to KRW 20,560,756 (hereinafter “instant assignment order”) was to be paid by the non-party company to the Plaintiff out of the claim claim amount (such as premium, facility deposit, down payment, intermediate payment, and remainder amount) that the non-party company should receive from the Defendant in relation to the business transfer and takeover contract for the mixing with the non-party company and the defendant's second floor located in Sungnam-si, Seonam-gu, Seonam-gu, Seonam-gu, Seonam-gu, 25-1, Seonam-gu, Seonam-gu, 25-15.” The instant assignment order was served on the Defendant, who is the debtor on January 21, 2015.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. In light of the above facts, according to the above facts, the defendant is obligated to pay to the plaintiff the full amount of KRW 20,560,756 and delay damages in accordance with the assignment order of this case.

B. As of January 15, 2015, the Defendant: (a) as of January 15, 2015, has a debt of KRW 100 million for the acquisition price of facilities against the non-party company; (b) as the obligor, the Defendant is the third obligor; and (c) the amount of the claim is KRW 131,824,68, the creditor of the non-party company, the creditor of which is the non-party company, the provisional attachment order of the claim against the non-party company, the garnishee, is served on

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