추심금
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 134,00,000 as well as the full payment from September 14, 2012.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 12, 2011, the Plaintiff filed a lawsuit seeking the refund of the purchase price, etc. with the Gwangju District Court Decision 2010Gahap8657, and was sentenced to the full winning judgment of the Plaintiff. On April 1, 2012, the appellate court of Gwangju High Court Decision 201Na2820 decided that “B and C jointly and severally pay to the Plaintiff KRW 408,127,200 and delay damages therefor,” and the said judgment became final and conclusive on April 28, 2012.
B. The Plaintiff, as a compulsory execution based on the above executory judgment, filed a claim amounting to KRW 300,00,000 with the amount of KRW 300,00 as a compulsory execution based on the above executory judgment, and filed a claim for a seizure and collection order with respect to “the amount up to the above claim amount, from among the rights to claim construction for the facilities in the Gojin-Ann Airport, which B had against the Defendant, a third debtor, and the construction cost claims related to the e-mail construction (hereinafter “the instant construction cost claims”), and received a seizure and collection order under the court 2012TT4713 on June 29, 2012 (hereinafter “the instant collection order”). The said order was served on the Defendant on July 4, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 4 (including branch numbers), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion as to the plaintiff's principal lawsuit filed a claim against the defendant for the collection amounting to KRW 134,00,000 and damages for delay, and primarily received the collection order of this case against the "construction cost claim of this case" of this case, the defendant, the third debtor, is obligated to pay the collection amount to the plaintiff. Thus, the defendant, who is the third debtor, is obligated to pay the collection amount to the plaintiff. In addition, the defendant, who received a separate collection order of KRW 2014,4198 against the defendant as to the "lease claim" of this case, and therefore, the defendant
(b).