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(영문) 서울동부지방법원 2020.07.02 2019가합1853

청구이의

Text

1. The Defendant’s construction payment case against the Plaintiff at Seoul Eastern District Court Decision 2018Gahap107181 decided February 20, 2019.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Defendant filed a lawsuit against the Plaintiff for the claim for construction cost under Seoul Eastern District Court 2018Gahap107181, and the said court rendered on February 20, 2019 that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 15.5% per annum from June 2, 2018 to the date of full payment” (hereinafter “instant judgment”).

(2) On August 16, 2019, the Seoul High Court rendered a judgment to the effect that all appeals filed by the Plaintiff and the Defendant were dismissed on August 16, 2019, and on September 4, 2019, the above judgment became final and conclusive on September 27, 2019. (2) C received a provisional seizure order (Seoul East District Court Decision 2019Kadan50722, Seoul Eastern District Court Decision 2019Kadan50722) against the claim of this case with the amount of KRW 15,000 as the obligor, the third obligor, and the claim amount of KRW 15,00,000, the original copy of the said decision was served on the Plaintiff on April 1, 2019, and C was served on March 27, 2019 with the Defendant as the obligor, the third obligor, the claim amount of KRW 20,852,997, and received the original copy of the provisional seizure order from the Plaintiff.

3) On May 7, 2019, based on Articles 248(1) and 291 of the Civil Execution Act, the Plaintiff deposited KRW 58,779,234, which is the total principal and interest of the instant judgment claim, to the deposit officer of the Daejeon District Court (No. 3186, 2019), based on the grounds of the foregoing provisional attachment ruling. [No. 3186, 201, there is no dispute over the grounds for recognition: Each entry of the facts, Gap evidence 1 and 2 (including each number; hereinafter the same shall apply), the purport

B. In this case, Articles 248(1) and 291 of the Civil Execution Act provide that "a garnishee may deposit the full amount of monetary claims related to provisional seizure". Thus, if a third party obligor deposits monetary claims pursuant to Articles 248(1) and 291 of the Civil Execution Act on the ground of provisional seizure, it is the basic effect thereof.