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(영문) 울산지방법원 2016.01.29 2015가단23535

청구이의

Text

1. Compulsory execution against the Defendant’s Plaintiff on April 30, 2014 based on the Defendant’s ruling of recommending reconciliation 2013 Ghana48558.

Reasons

1. Facts of recognition;

A. The Defendant filed a claim for damages against the Plaintiff by this Court No. 2013 Ghana4858.

On April 30, 2014, the court rendered a ruling of recommending reconciliation that the Plaintiff shall pay KRW 3 million to the Defendant by June 15, 2014, and if the Plaintiff fails to pay the said money by the payment date, the court shall make a ruling of recommending reconciliation that the unpaid amount shall be paid in addition to damages for delay calculated at the rate of 20% per annum from the date following the payment date to the date of full payment (hereinafter “decision of recommending reconciliation of this case”). The above ruling of recommending reconciliation was finalized on May 22, 2014.

(hereinafter the Defendant’s claim against the Plaintiff based on the decision of recommending reconciliation of this case (hereinafter “instant claim”). B.

A claim amounting to KRW 1,474,00,000 for damage claim on July 7, 2014, and KRW 1,4740,00 for the third obligor’s claim against the Plaintiff, the third obligor was issued a provisional seizure order by this Court No. 2014Kadan1694 for the Defendant’s claim against the Plaintiff. The decision was served on the Plaintiff, the third obligor, at that time.

C. Pursuant to this Court Decision 2014Gadan22108, the Bagac filed a lawsuit on the merits of the provisional seizure.

On July 17, 2015, the court rendered a ruling that the defendant shall pay to the applicant-at-law 1,474,000 won and interest thereon at the rate of 5% per annum from October 12, 2014 to July 17, 2015, and 20% per annum from the next day to the day of full payment. The above ruling became final and conclusive around that time.

Based on the above judgment, the Minister of Strategy and Finance requested the Busan District Court 2015TT20647 to order seizure and collection of the claim amount of KRW 15,726,983 (principal KRW 14.740,00 and interest and demand procedure expenses) as to the claim of this case, and the above court issued a seizure and demand order of the claim of this case on September 15, 2015, and the above court seized the claim of this case and may collect the above seized claim of this case.