beta
(영문) 수원지방법원 2019.06.11 2017나64729

양수금

Text

1.The judgment of the first instance, including the claims extended by this Court, shall be modified as follows:

The plaintiff.

Reasons

1. Facts of recognition;

A. On November 28, 2005, the Defendant prepared and delivered to C a copy of the statement stating that “I would pay C a solatium for the false report on narcotics-related narcotics-related facts to C by the end of this year (the interest for delay shall be 20% per annum).” (hereinafter “each letter of this case”).

B. On June 6, 2015, the Plaintiff filed a payment order with the Suwon District Court Branch Branch 2015 tea1909, with the Plaintiff seeking the return of the agreed amount. On June 16, 2015, the Plaintiff received a payment order from the said court that “C shall pay to the Plaintiff 120 million won and the amount equivalent to 20% per annum from July 8, 2005 to the date of full payment.” The said payment order became final and conclusive as it is.

C. Around July 2015, the Plaintiff and C transferred the claim of this case against the Defendant in full to the Plaintiff, the Plaintiff and C agreed to set the transfer amount of claims at KRW 20 million, which shall be set at KRW 20 million, and set off against the Plaintiff’s claim on an equal amount with respect to C, and C notified the Defendant of the transfer of claims on or before July 13, 2015.

D. On November 17, 2017, the Korea Technology Finance Corporation received a collection order for the amount up to KRW 183,176,581 of the judgment bond of the first instance court of this case against the Plaintiff against the Defendant by designating the Plaintiff and the garnishee as the Defendant, and received the seizure and collection order for the amount up to KRW 183,176,581 of the judgment bond of the first instance court of this case (the Daejeon District Court Branch Branch 2017TTTT 105630). The above seizure and collection order for the said claim reached the Defendant, the garnishee, on November 22,

E. On the other hand, on March 8, 2018, the Plaintiff’s succeeding intervenor obtained a collection order for the amount up to KRW 1,753,860,452 from among the judgment bond of the first instance court of this case against the Plaintiff against the Defendant by designating the Plaintiff and the garnishee as the Defendant, and the Defendant, who is the garnishee, was the Defendant on March 13, 2018.

[Recognition] Fact that there is no dispute, and evidence Nos. 1 and 13 are numbers.