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(영문) 수원지방법원 2019.04.18 2018가단527516
추심금
Text

1. The Defendant’s KRW 60,000,000 as well as its annual 6% from August 1, 2018 to April 18, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. By March 31, 2018, the Defendant operated a branch office of C Co., Ltd. (hereinafter referred to as “Nonindicted Company”); from April 1, 2018 to August 2018, the Defendant vicariously performed the operation of the branch office of Nonparty Co., Ltd. as an agent; and from July 1, 2018 to August 2018, the Defendant operated the branch office of Nonparty Co., Ltd. as an agent.

B. On May 9, 2018, the Plaintiff applied for a collection order of KRW 2,092,854,210 (the balance of principal) and KRW 11,972,197 (the damages for delay from April 26, 2018 to May 9, 2018) to the Plaintiff, the debtor, the Defendant, the garnishee, the Defendant, and the Defendant: “The obligor,” the obligor of the seized claim amount, and the amount of KRW 2,092,854,210 (the amount of KRW 2,08,82,013 (the balance of principal) to be paid by the Plaintiff from the Defendant of the third debtor, including the amount already incurred or expected to occur, up to KRW 40,00,00 among the fees to be paid by the Defendant of the Defendant; and the amount of KRW 2,181,208 (the next collection order of KRW 281,208).”

C. On May 25, 2018, the Plaintiff: (a) stated that “a claim claim is made on the authentic copy of a notarial deed in which a notary public has the executory power to repay a debt under a loan agreement (quasi-loan) No. 637 of the D Deed No. 637, 2018; (b) was to be paid by the Plaintiff from the non-party company (=2,106,536,72 (the balance of principal) and KRW 25,654,709 (the damages for delay from April 26, 2018 to May 25, 2018)”; (c) stated that the Plaintiff, the debtor, the non-party company, the third debtor, the Defendant, and the non-party company had already occurred or will have already been scheduled to occur in the future.

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