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1. The Defendant’s KRW 50,094,509 as well as the Plaintiff’s annual rate of 5% from June 1, 2018 to February 19, 2019.
Reasons
1. Basic facts
A. The Plaintiff has a claim of KRW 150,00,000 based on the authentic copy of an executory deed No. 474, 2014 against Nonparty C with respect to Nonparty C, but has not yet been paid.
B. C and the Defendant (hereinafter “instant contract amount lawsuit”) filed against the Defendant for a claim for the agreed amount under the control of the Gwangju District Court Decision 2015Kadan15553 (hereinafter “instant contract amount lawsuit”).
(2) On April 26, 2017, the Defendant filed an appeal with the said court (Supreme Court Decision 2017Na2898), and was sentenced to a judgment that “the Defendant shall pay the Plaintiff 10,000,000 won with 5% interest per annum from July 23, 2016 to April 26, 2017, and 15% interest per annum from the next day to the date of full payment.” The Defendant appealed, but the Defendant was sentenced to a judgment that dismissed the Defendant’s appeal on January 18, 2018 (Seoul District Court Decision 2017Na2898), and the Defendant filed an appeal (Supreme Court Decision 2018Da208080), and around March 16, 2018, the Defendant and C shall be deemed to have paid the amount to KRW 258,740,00, and the Defendant shall be deemed to have already paid the amount to the Defendant C100 and C1050, respectively.
2) Upon the execution of a provisional attachment order by filing an application for provisional attachment on August 12, 2015 with a claim amounting to KRW 100 million (2015Kadan1448), the Defendant deposited the claim amount to KRW 100 million (2017Da968), and on June 15, 2017, Nonparty E, the Defendant’s creditor, filed an application for execution under the order of seizure and collection of the claim against the deposit (F proceeds, and C receives KRW 49,915,711 from the date of distribution on August 31, 2017, and appropriated it for payment after receiving the claim amount to KRW 100 million on November 7, 2017.
C. The plaintiff is based on the original copy of the above notarial deed.