beta
(영문) 서울서부지방법원 2015.10.22 2015가단11482

청구이의

Text

1. The plaintiff is against the defendant (Appointed Party) C and the designated parties listed in the separate sheet, who are the lawsuits of the deceased B.

Reasons

1. Facts of recognition;

A. On October 16, 2002, the deceased B (hereinafter “the deceased”) filed a lawsuit against the plaintiff as Seoul Western District Court Decision 2002Gau12161, and was sentenced on October 16, 2002 by the above court that “the plaintiff shall pay to the deceased 1,056,067 won and the amount calculated at the rate of 25% per annum from July 13, 2002 to the date of full payment.” The above judgment became final and conclusive around that time.

B. The Plaintiff filed a lawsuit against the Deceased for the confirmation of the existence of an obligation with Seoul Western District Court 2010Kadan1992 and filed it with the above court on June 8, 2010. ① The Plaintiff shall pay 300,000 won to the Deceased up to June 30, 2010. If so, the Plaintiff shall pay the unpaid amount plus damages for delay calculated at the rate of 20% per annum from July 1, 2010 to the date of full payment.

② At the same time, the Deceased’s payment of all the above amounts is made by the Plaintiff, the Seoul Western District Court 2010TT89, and the seizure and assignment order of the entire amount is cancelled.

In addition, except the amount under paragraph (1), it is confirmed that the defendant's claims based on the judgment in the Seoul Western District Court 2002 Ghana 121161 against the plaintiff do not exist any longer.

③ The Plaintiff waives the remainder of the claim.

“The content was adjusted. (c) On June 30, 2010, the Plaintiff deposited KRW 300,000 as the depositee and deposited KRW 300,000 with the Seoul Western District Court in gold No. 2609 in 2010. At the time, the Plaintiff entered the deposit application in return for the receipt of the deposit money, “Seoul Western District Court 2010 Tasan89 and the cancellation of the assignment order” as the payment for the receipt of the deposit money.

According to the Seoul Western District Court Decision 2002Da121161 Decided October 16, 2002, the deceased applied for a seizure and collection order (Seoul Western District Court 2015 Taz. 35555) with respect to the defendant's deposit claims against the bank, etc., and received a seizure and collection order from the above court on March 20, 2015.

E. The Deceased is pending in the instant lawsuit.