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(영문) 서울중앙지방법원 2014.09.05 2014가합1381
추심금
Text

1. The Defendant: (a) KRW 194,271,021 to the Plaintiff; and (b) 5% per annum from October 29, 2013 to December 12, 2013 to the Plaintiff.

Reasons

1. Written Confirmation of Facts (For Purpose: 400,000,000) The above amount is regularly borrowed and used for the normalization of the company itself, and shall be repaid KRW 200,000,000,000 after 30 days after the registration of the company, 50 days after 30 days after the registration of the company.

Provided, That at the time of repayment, I will pay the interest on the principal at the rate of 5% per month.

on March 25, 2011: Defendant B ear

A. On March 25, 2011, the Defendant borrowed KRW 400 million from B, and ordered B to prepare a loan certificate (No. 1; hereinafter “the loan certificate of this case”) with the following contents as follows:

B. The Plaintiff, a notary public, based on the executory exemplification of a notarial deed No. 4204, No. 4204, 201, filed an application for a seizure and collection order against B, and against B, the Defendant as the garnishee, the Plaintiff filed an application for a seizure and collection order as to KRW 194,272,021 among the above loan claims against B against the Defendant.

(Seoul Central District Court 2013TTT 27864). On September 10, 2013, the above court rendered a ruling accepting the Plaintiff’s application (hereinafter “instant collection order”), and the above ruling was served on the Defendant on October 28, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. On March 25, 201, the Defendant: (a) borrowed KRW 400,00,000 from B from March 25, 201; and (b) the Plaintiff is obligated to return it to B; and (c) the Plaintiff received the instant collection order as to KRW 194,271,021 from the above borrowed money, and the said order was served on the Defendant and confirmed.

Therefore, the defendant is obligated to pay to the plaintiff 194,271,021 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act and 20% per annum from October 29, 2013 to December 12, 2013, on the day following the day when the collection order of this case was served to the defendant, and from the day following the day when the payment order of this case was served to the defendant.

3. The defendant's assertion and judgment as to it.

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