공탁이행청구의 소
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Basic Facts
- On November 6, 2015, the Suwon District Court 2015Na11745, which was filed by the Defendants against E, concluded conciliation to order the Defendants to pay 60 million won and 20% interest per annum from February 24, 2006 to the date of full payment.
- On July 15, 2016, E entered the deposited amount as Defendant B, and deposited KRW 90,000,000 (hereinafter “the instant money”) at Suwon District Court Sung-nam Branch in 2016, gold No. 2478, 2016.
- The Defendants, on November 8, 2016, issued a collection order for the claim for collection of KRW 90,000,000 to the Republic of Korea (hereinafter “instant claim”) with respect to the instant claim against Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Order 2015Na1745 (hereinafter “instant claim”), and the original copy was served on the Republic of Korea as the garnishee on November 11, 2016.
- On November 23, 2016, the Defendants reported collection that the Defendants collected KRW 88,054,794 from the Republic of Korea on November 18, 2016 based on the preceding attachment and collection order with the Sungwon District Court’s Sungnam branch.
- The Defendants collected KRW 90,000,000 from the Republic of Korea on December 16, 2016, based on the prior attachment and collection order.
- The Plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as “Plaintiffs”) received from the Seoul Eastern District Court on January 12, 2017, the payment order on the loan of KRW 221,720,000 from Plaintiff (Appointed Party) to Plaintiff (Appointed Party) and its delay damages, the payment order on the loan of KRW 120,000,000 for the designated Party F and its delay damages, and the payment order on the loan of KRW 50,000,000 for the designated Party E and its delay damages, respectively, under Act No. 2016,7845, Feb. 1, 2017, each of these payment orders became final and conclusive on February 1, 2017.