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1. The Defendant’s KRW 43,355,567 as well as the Plaintiff’s annual rate from February 11, 2017 to September 15, 2017.
Reasons
1. Basic facts
A. On February 4, 2014, A filed an application for a payment order with Nonparty D Co., Ltd. (hereinafter “Non-Party Company”), and received a decision of the Seoul Northern District Court 2014 tea269, 771,840 won, and the decision of the Seoul Northern District Court ordering the payment of the delayed damages.
B. On March 19, 2014, A applied for a seizure and collection order with respect to the claim amounting to KRW 77,160,000 among the claim for the purchase of goods held by the non-party company against the defendant, with the debtor as the non-party company and the defendant as the garnishee, based on the above payment order. On March 24, 2014, the above decision was served on the defendant, who is the garnishee, and became final and conclusive around that time.
C. On July 24, 2014, the non-party company filed a lawsuit against the defendant for the payment of the price of goods, and received a favorable judgment of Suwon District Court 2012 Gohap27080 (273,426,356) and ordering the payment of the damages for delay. The defendant appealed against the above judgment, but the defendant's appeal was dismissed by the Seoul High Court 2014Na42952 (2) on July 24, 2015, and the above judgment of the first instance became final and conclusive around that time.
On August 4, 2014, the Plaintiff filed a provisional attachment application with the Seoul Southern District Court 2014Kadan5128 on the claim amounting to KRW 43,355,567 out of the current and future claim for the supply of sound and image equipment, etc. to the Defendant by the non-party company as the garnishee and the Defendant as the garnishee, and the provisional attachment application was concluded on August 7, 2014, and the decision was served on the Defendant, who is the garnishee, at that time.
E. B applied for a payment order against a non-party company on July 28, 2014 and received a decision of acceptance ordering payment of KRW 25,000,000 as the Suwon District Court Decision 2014j2163 and its delay damages.
F. B, based on the above payment order, the debtor is the non-party company and the defendant as the third obligor.