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(영문) 의정부지방법원 2020.05.14 2019나4237

청구이의

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On October 18, 2012, the Defendant, who seized the claim, received a decision of provisional seizure against the Plaintiff, “the claim amounting to KRW 55,00,000,000” against the Plaintiff.

(Korean District Court 2012Kadan6563, hereinafter the above provisional seizure is referred to as the "provisional seizure of this case"). (b)

A final and conclusive judgment 1) around October 2012, the Defendant filed a lawsuit against the Plaintiff on the merits of the provisional seizure of this case against the Plaintiff. On March 11, 2014, the first instance court rendered a judgment that “the Plaintiff shall pay KRW 41,760,742 to the Defendant and its delayed payment damages” (so-called “the Plaintiff shall pay the Defendant the amount of KRW 41,760,742 and its delayed payment damages).” The Plaintiff appealed against the Plaintiff on June 18, 2015, and the appellate court dismissed the Defendant’s claim that “the Plaintiff among the judgment of the first instance, KRW 36,595,403 against the Defendant among the judgment of the court of first instance, and the amount of KRW 5% per annum from December 18, 2013 to June 18, 2015 to the date of full payment, and the Defendant’s claim that lost the Plaintiff’s claim for revocation is dismissed.”

(The Supreme Court Decision 2014Na5914) Each of the above decisions was finalized on December 15, 2015 through the final appeal (Supreme Court Decision 2015Da51616, hereinafter referred to as the “prior judgment”) (Supreme Court Decision 2015Da51616).

(C) The distribution schedule was prepared on May 30, 2013 and deposited money to the Defendant, who is the creditor of the provisional seizure of this case, in the distribution procedure for the deposit of the Seoul Western District Court 2013Hun-2047 case.

When the claims of the creditor entitled to receive a distribution are the claims of the creditor entitled to a provisional seizure, the amount of distribution therefor shall be deposited.

(See Article 160(1)2 of the Civil Execution Act). (See Article 160(1)2 of the Civil Execution Act). After that, the amount of the claim of the defendant was determined by the final and conclusive judgment of the preceding judgment, and the dividend for the defendant reflecting this is KRW 7,154,

2. On July 23, 2015, Daegu District Court 2015Hun-3952, the Defendant, the creditor of the provisional seizure of this case, as the creditor of the provisional seizure of this case.