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(영문) 서울동부지방법원 2016.10.27 2015가단124812

청구이의

Text

1. The Defendant’s claim for loans (Seoul Eastern District Court 2012Kadan46300) against the Plaintiff is based on the judgment of the Seoul Eastern District Court.

Reasons

1. Basic facts

A. On February 19, 2013, the Defendant filed a lawsuit against the Plaintiff for a loan claim with the Seoul Eastern District Court Decision 201Da46300, and was sentenced to a favorable judgment against the Defendant that “the Plaintiff shall pay to the Defendant 48,600,000 won (hereinafter “the instant loan claim”) and to that end, 5% per annum from February 11, 2012 to February 19, 2013, and 20% per annum from the next day to the day of full payment” (hereinafter “the final judgment of this case”).

The above judgment became final and conclusive around that time.

B. After the final and conclusive judgment of this case was rendered, the Plaintiff paid KRW 2.5 million to the Defendant by means of credit transfer, including KRW 2.5 million on April 15, 2013, KRW 2.5 million on May 15, 2013, KRW 2.5 million on June 15, 2013, KRW 2.5 million on July 15, 2013, KRW 2.5 million on August 20, 2013, KRW 2.5 million on August 20, 2013, KRW 2.5 million on September 16, 2013, KRW 2.5 million on October 15, 2013, KRW 2.5 million on November 19, 2013, and KRW 5 million on January 18, 2014.

C. Meanwhile, on November 5, 2012, prior to filing a lawsuit on the merits of the above final judgment, the Defendant applied for provisional seizure of claims against the Defendant’s KRW 10 million out of the lease deposit deposit against the Seoul East Eastern District Court 2012Kadan9789, and the provisional seizure of claims was decided on November 13, 2012, and the above provisional seizure decision was delivered to C who is the third obligor. The Plaintiff requested the Defendant to terminate the lease agreement with the first patrolman C on February 2014 and transfer the right of lease to another person.

On February 5, 2014, the Defendant submitted an application for the withdrawal and cancellation of provisional seizure of claims, and the provisional seizure was revoked on February 7, 2014 according to the procedure.

In addition, on February 6, 2014 and February 7, 2014, the Plaintiff and the Defendant confirmed that the remainder based on the said final judgment remains in KRW 25 million through the wire call, and on February 8, 2014 following the following day, the Plaintiff direct payment of KRW 25 million to the Defendant by the lessee.