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(영문) 서울중앙지방법원 2020.10.29 2020가단5063159

청구이의

Text

1. Compulsory execution by the Seoul High Court Decision 2017Na2063895 Decided April 19, 2018 against the Defendant’s Plaintiff is 18,983.

Reasons

1. Basic facts

A. C’s lawsuit against the Plaintiff is 1) A Co., Ltd. (hereinafter “C”).

(2) On October 13, 2017, the Seoul Central District Court 2016Gahap524932 filed a lawsuit against the Plaintiff for damages, and the said court rendered a judgment dismissing all of the claims of C on October 13, 2017. (2) The Seoul High Court appealed with respect to the above judgment of C as Seoul High Court 2017Na2063895, and the said appellate court rendered a judgment on April 19, 2018, that “the Plaintiff shall pay to C 18,983,870 won and interest thereon at a rate of 6% per annum from March 24, 2018 to April 19, 2018, and at a rate of 15% per annum from the following day to the date of full payment,” and the said appellate judgment became final and conclusive on May 11, 2018.

(hereinafter the above appellate judgment is referred to as the “instant judgment”). B.

(1) On June 29, 2018, the Defendant was issued a provisional seizure order of the claim under the Seoul Central District Court Decision 2018Kadan3748, regarding the instant judgment, and KRW 18,983,870 of the judgment amount of the instant case against the obligor C, the third obligor, the claim amount of KRW 18,983,870, and the claim amount of the instant judgment amount to be provisionally attached. The instant provisional seizure order of the claim (hereinafter “the instant provisional seizure order”) was based on the provisional seizure order of the instant case.

(2) On July 29, 2018, the Defendant was served on the Plaintiff on July 4, 2018. (2) On April 29, 2019, the Defendant determined the amount claimed as KRW 53,961,763 by Seoul Central District Court 2019TF 201,4363, and received the attachment and collection order to transfer the said provisional attachment to the original attachment. The said claim attachment and collection order were served on the Plaintiff on May 2, 2019.

3) On January 21, 2020, the Defendant was issued the succeeding execution clause regarding the instant judgment by the Seoul Central District Court based on the above seizure and collection order. C. Based on the instant judgment, C, based on the Seoul Central District Court’s judgment, as Seoul Central District Court No. 2018T No. 108293, the Defendant deposited the Plaintiff, the garnishee obligor, the Industrial Bank of Korea and D, and the Plaintiff of the seized claims with respect to the Industrial Bank of Korea and D.