손해배상(기)
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant D is the co-defendant B of the first instance trial (hereinafter “B”).
B. The Plaintiff holds, with respect to B, the claim for damages for delay calculated at a rate of 20% per annum from April 30, 2007 to the date of full payment with respect to the remainder of KRW 150 million from June 25, 2005 to the date of full payment with respect to the amount of KRW 250 million and the amount of KRW 100 million from June 25, 2005 to the date of full payment with respect to the loan case of Seoul Central District Court Decision 2007Ga3043 and Seoul High Court Decision 2008Na3719 (hereinafter collectively referred to as the “instant judgment”).
C. On March 26, 2009, the Plaintiff received the claim attachment and collection order (hereinafter “the instant collection order”) with respect to “the benefit, bonus, retirement allowance, etc. received by the E Co., Ltd. (hereinafter “E”) from the Jung-gu District Court 2009TT 304 with the title of execution of the instant judgment as the title, and the Plaintiff reached the E on March 30, 2009.
The Seoul Eastern District Court Decision 2013Da112921, Seoul Eastern District Court 2013Na2921, and the Seoul Eastern District Court 2013Na23046, July 2014, which the Plaintiff filed against E, was sentenced to the Plaintiff for KRW 25 million as to KRW 93,443,941 (the order to pay in the first instance judgment) from July 16, 2013, and (the extension of the purport of the claim in the trial) 68,443,931 from May 24, 2014 to the date of full payment, and the above judgment was finalized on August 8, 2014.
In sum, the Supreme Court's decision on the above collection amount is ‘the judgment of prosecution'.
E. B refers to the “Defendant Account” in the name of the Defendant bank account in the name of the Defendant after March 28, 2007.
Accordingly, according to the above collection judgment, the amount subject to the collection order of this case is KRW 93,443,931, among the total sum of the benefits deposited into the Defendant’s deposit account from the date when the collection order of this case was served to September 9, 201.