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(영문) 서울서부지방법원 2016.05.26 2016가합202
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 889,452,163 and the interest rate of KRW 15% per annum from April 7, 2016 to the date of complete payment.

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. The Plaintiff partly dismissed part of the claim refers to the damages for delay from the date following the date when the original copy of each claim for the attachment and collection order as stated in the grounds for the attachment was served on the Defendant. However, the collection order is limited to granting the creditor the right to collect the claim against the garnishee, and it does not order the third debtor to pay the creditor the amount equivalent to the claim amount attached to the execution creditor, or setting the payment deadline. Thus, the third debtor is not liable for delay as to the amount equivalent to the claim amount attached to the execution creditor, not from the time when the execution court receives the delivery of the collection order from the execution creditor after the issuance of the collection order from the execution creditor (see, e.g., Supreme Court Decision 2010Da47117, Oct. 25, 2012). The portion claimed by the Plaintiff from June 22, 2013; and the collection order from December 24, 2015 to the date when the copy of the complaint was served on the Defendant.

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