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(영문) 대전지방법원천안지원 2019.02.13 2018가단9964
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,972,96 and the interest rate of KRW 15% per annum from December 5, 2018 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is D Co., Ltd. (hereinafter “D”).

No. 2420 (Quasi-Loan for Consumption) contract No. 2420 (Quasi-Loan for Consumption)

(3) A notarial deed of debt payment contract No. 1188 (Quasi-Loan for Consumption) of the same legal entity as a claim based on the original copy (hereinafter “No. 2 notarial deed of this case”).

(2) On June 27, 2018, the Plaintiff filed an application for a seizure and collection order with respect to the claim for the construction cost, which D performed the Defendant’s Asan Factory Extension Corporation and owned against the Defendant, with the original copy of the notarial deed No. 2 of this case as the title of execution, with the amount claimed as KRW 20,000,000,00 with the title of execution of the notarial deed No. 2 of this case as the title of execution. On June 27, 2018, the Plaintiff received the order of seizure and collection from the above court (hereinafter “instant order No. 1”).

The collection order of the instant case was served on July 17, 2018 on the Defendant.

3) In addition, the Plaintiff: (a) filed an application with the Daejeon District Court for a seizure and collection order as to the claim for the construction cost, which D performed the Defendant’s work of expanding the Asan Factory and possessed against the Defendant; and (b) on September 11, 2018, with the original copy of the notarial deed Nos. 1, 2018, with the title of execution, as the claim amounting to KRW 51,00,000,000; and (c) filed an application with the said court for a seizure and collection order as to the above claim from the said court (hereinafter “instant order

(1) The Defendant was served on September 12, 2018 upon receipt of the instant collection order. The instant collection order was served on the Defendant on September 12, 2018. 【The fact that there is no dispute over the grounds of recognition, the entries in the evidence Nos. 1

B. According to the above facts of recognition, the defendant, the garnishee of the collection order Nos. 1 and 2 of this case, is the collection right holder, the plaintiff, within the scope of the claim amount of the collection order Nos. 1 and 2 of this case, and the complaint of this case.

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