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(영문) 의정부지방법원 2020.02.11 2019나2620

청구이의

Text

1. The judgment of the court of first instance is modified as follows.

The defendant's District Court on May 12, 2015 against the plaintiff.

Reasons

1. Basic facts

A. In the case of services costs, etc. between the Plaintiff and the Defendant: (a) on May 12, 2015, the Defendant (the Plaintiff is the Plaintiff in this case) paid KRW 1,500,000 to the Plaintiff (the Plaintiff in this case) until May 31, 2015: Provided, That the payment method is the repayment deposit made by the Plaintiff. If the Defendant delays the payment of the said money by the said date, the Defendant shall pay the amount unpaid to the Plaintiff and the amount that was calculated at the rate of 20% per annum from the day following the said payment date to the day of full payment.”

(B) The conciliation protocol prepared pursuant to this is “the instant conciliation protocol,” and the Defendant’s claim under the instant conciliation protocol is “the instant claim”).

Meanwhile, on June 13, 2013, the Seoul Eastern District Court Decision 2012Gaso15262 decided that “the Defendant shall pay C 1,00,000 won and an amount calculated by the rate of 20% per annum from December 15, 2012 to the date of full payment,” and the judgment became final and conclusive as it is.

(hereinafter referred to as "related judgment"). (c)

C With the authentic copy of the relevant judgment rendered on January 17, 2017, the original copy of the judgment was served on the Plaintiff on January 19, 2017, and the Defendant, the garnishee, the Plaintiff, the claimed amount of KRW 20,005,649, which the Defendant had against the Plaintiff, issued a collection order for the instant claim (hereinafter “instant collection order”), and the original copy of the order was served on the Plaintiff on January 19, 2017.

On March 2, 2017, from the corporate bank account in F’s name, KRW 1,500,000 was deposited in the I account in the name of H Co., Ltd.

(hereinafter referred to as "transfer money"). (e)

On April 26, 2018, the Plaintiff deposited KRW 8,000,000 into a bank account under C’s name.

(hereinafter referred to as “B Transfer Money”). [Ground of recognition] A without dispute, entry in Gap evidence 2 through 6 and the purport of the whole pleadings.

2. The allegations and judgment of the parties

(a) the party executives;