청구이의
1. Busan High Court (Capwon) 2010Na3950, for the plaintiff of a corporation, item industry development corporation;
1. Basic facts
A. In the case of the claim for construction cost, etc. between the Plaintiff and the Busan High Court (Chowon), the Busan High Court (Chowon), and the Busan High Court (Chowon), 2010Na3967 (Counterclaim), on March 29, 2012, the same court sentenced the Defendant to order the Defendant to pay 22,865,610 won to the development of the item industry and 5% per annum from February 29, 2008 to March 29, 2012, and 20% per annum from the next day to the date of full payment.
On August 30, 2012, the above judgment became final and conclusive by the Supreme Court that dismissed the plaintiff's appeal.
B. On October 25, 2012, the Defendant acquired the claim against the Plaintiff for the development of the item industry and received succession execution clause. The copy was served on the Plaintiff on October 25, 2012.
C. On November 30, 2012, the Plaintiff filed an objection against the Defendant ( Changwon District Court 2012Kadan29932), and filed an application for provisional disposition ( Changwon District Court 2013Kaga936) seeking the suspension of compulsory execution. On December 4, 2012, the same court deposited KRW 30,000,000, which received an application for provisional disposition and ordered to offer it as security (Seoul District Court 3950, Changwon District Court 2012) on December 13, 2012.
According to the above Busan High Court judgment that granted succession execution clause, the Defendant filed an application for the attachment and assignment order (Yanwon District Court Decision 2013TTTTB2871) against the claim for payment of the above deposit against the Republic of Korea that the Plaintiff had against the third debtor, and the claim amount was KRW 33,419,537.
On June 28, 2013, the same court made a decision to accept it, and the decision became final and conclusive on July 30, 2013.
E. On August 20, 2013, based on the above assignment order, the Defendant received KRW 30,032,690,000, totaling KRW 30,000 and interest KRW 32,690 from the Republic of Korea.
[Ground of Recognition] Unsatisfy, Gap evidence 3 to 7, Gap.