beta
(영문) 서울서부지방법원 2016.04.27 2015가단17176

청구이의

Text

1. The Seoul Western District Court Decision 2013Na6593 between the Plaintiff and the Plaintiff Company B (former: C).

Reasons

Basic Facts

In Seoul Western District Court Decision 2013Na6593 Decided October 31, 2013, “The Plaintiff shall pay KRW 4,00,000 to B Co., Ltd. for 500,000 until November 29, 2013; KRW 500,500,000 until December 27, 2013; KRW 500,000 until January 24, 2014; KRW 500,000 until February 28, 2014; KRW 50,000; KRW 50,500 until March 28, 2014; KRW 50,000 until April 25, 2014; and KRW 500,000; and KRW 500,000 until June 205, 2014; and the Plaintiff shall pay the remaining amount after deducting the Plaintiff’s annual payment from the conciliation protocol to the Plaintiff by 050,50,50,507.

On December 10, 2013, Busan District Court Decision 2013Gaso26612 rendered a judgment that “A stock company B shall pay to the Defendant 16,374,437 won and the amount calculated by the rate of 6% per annum from January 1, 2013 to October 15, 2013, and 20% per annum from the next day to the date of full payment.” The judgment became final and conclusive around that time.

On February 25, 2015, the defendant requested the Seoul Western District Court to order the seizure and collection of the claim by designating the debtor as the corporation C (mutual name before the change: B) and the third debtor as the plaintiff. On March 19, 2015, the Seoul Western District Court 2015TTT2602 rendered a decision on the seizure and collection order concerning the claim stated in the above paragraph (a).

On May 18, 2015, the Defendant was granted the succeeding execution clause (hereinafter referred to as “instant succeeding execution clause”) pursuant to the instant protocol as a successor to B from the Seoul Western District Court.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, the purport of the whole pleadings, and the plaintiff's assertion and judgment.