청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The grounds for this part of the facts of recognition are as stated in paragraph (1) of the judgment of the first instance, except for the following cases: (a) the court added the “decision of recommending reconciliation” after the “decision of recommending reconciliation” under the 11th sentence of the judgment of the first instance; (b) the 16th sentence “ June 12, 2018” under the 16th sentence; and (c) the 2nd sentence “ June 28, 2018” under the 19th sentence as the 19th sentence “ July 3, 2018”; and (d) the 19th sentence is the same as the 1st sentence of the judgment of the first instance; and (e) the 2nd sentence is the same as the 20th sentence of the Civil Procedure Act.
2. The Defendant asserts that the lawsuit of this case seeking the refusal of compulsory execution is unlawful as there is no legal interest in the lawsuit, since compulsory execution based on the original copy of the decision on recommending reconciliation of this case was completed, and the Defendant obtained the full satisfaction of right.
On August 20, 2018, the Defendant received a seizure and collection order against the Plaintiff’s deposit claim against the Plaintiff Co., Ltd. as the Seoul Central District Court 2018TTT No. 112029, with the original copy of the instant decision on recommending reconciliation as the executive title. The Defendant issued a seizure and collection order against the Plaintiff’s deposit claim against the Plaintiff Co., Ltd., as the total amount of KRW 180,000,000 and interest calculated by 15% per annum from July 1, 2018 to July 27, 2018.
The above order of seizure and collection was premised on the Plaintiff’s failure to pay KRW 60,000,000 until June 30, 2018, which was stipulated in the decision of recommending the settlement of this case. According to the above facts of recognition, the Plaintiff received a notification of seizure of KRW 168,927,810, out of the Defendant’s claims against the Plaintiff, as determined by the decision of recommending the settlement of this case, on June 21, 2018, the Plaintiff received a notification of seizure of KRW 168,927,810, among the Defendant’s claims against the Plaintiff, prior to the above time limit. Therefore, the Plaintiff could not directly pay KRW 60,000,000, which is the first installment payment to the Defendant until June 30, 2018. Rather, on July 3, 2018, the Plaintiff received a notification from the Korea Asset Management Corporation under the deposit account related to the attachment of the Samsung Tax Credit and deposited KRW 600,000,000.