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1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 69,150,519 for the Plaintiff and its related costs from June 12, 2014 to July 2016.
Reasons
1. Basic facts
A. On August 14, 2012, the Plaintiff filed an application with the Changwon District Court for a payment order of KRW 49,242,166 and KRW 47,681,87 from the said court to the Plaintiff jointly and severally, and the said payment order was finalized as is, on October 16, 2011.
B. On April 4, 2014, the Plaintiff received a seizure and collection order for “the claim for all nominal credit payment claims and the claim for return of advance payment rights, which A has against the Defendant” as the title of execution of the final and conclusive payment order under the Changwon District Court Decision 2014TTT 1652, and the debtor A, the garnishee A, the defendant, the claim amount to be KRW 70,828,362, and the seizure and collection order was served on the Defendant on April 8, 2014.
C. At the time of delivery of the above claim attachment and collection order, the Defendant had a claim for return of KRW 90,279,345 with respect to the transaction of advance payment right with the J Center operated by A (business number E) and was liable for return of KRW 178,675,924 with respect to the transaction of advance payment right with the K Center operated by A (business number F).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4, witness B's written testimony, the purport of the whole pleadings
2. The parties' assertion and judgment
A. According to the above facts finding as to the cause of claim, the Defendant shall pay to the Plaintiff, a collection authority, 8,396,579 won (178,675,924 won - 90,279,345 won) for the settlement of accounts for advance payment against A, a claim subject to seizure, and damages for delay calculated at the rate of 5% per annum under the Civil Act from June 12, 2014 to July 7, 2016, which is the day following the delivery date of the copy of the complaint of this case sought by the Plaintiff, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.