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(영문) 서울중앙지방법원 2020.04.09 2019가합544708
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 13, 1996, C (hereinafter “C”) filed a lawsuit against the Plaintiff on November 20, 2002 against the Seoul District Court Decision 2002Ga334302 (hereinafter “instant lawsuit”).

Although the claim against the guarantor is also included, only the part of the plaintiff who is the debtor must be explained.

B. On March 13, 2003, the above court accepted the claim against the plaintiff on March 13, 2003, and sentenced the plaintiff to pay C 216,018,293 won and the amount calculated at the rate of 13.5% per annum from September 14, 1996 to January 25, 2003, and 25% per annum from the next day to the date of complete payment. The above judgment was finalized on April 3, 2003.

(hereinafter referred to as “final and conclusive judgment in a prior suit,” and a claim based on the above judgment shall be referred to as “instant claim”).

C Around November 2004, it was merged with D (hereinafter “D”), and D transferred the instant claim to the Defendant on June 30, 2009, and notified the Plaintiff on May 24, 2010.

On June 24, 2010, the Defendant was granted by the Seoul Central District Court the execution clause succeeding to the final judgment of the previous suit (hereinafter “instant execution clause”). Based on the final judgment of the previous suit, on October 11, 2010, the Defendant applied for a seizure and collection order as to the Plaintiff’s deposit claims, etc. as Seoul Northern District Court No. 2010, 2045 on October 14, 201, and the said court rendered a collection order as of October 14, 2010.

On October 14, 2010, the order of seizure and collection was served on the third debtor (a financial institution) around that time.

E. On June 3, 2019, based on the final judgment of the previous suit, the Defendant again filed an application for a seizure and collection order regarding the Plaintiff’s deposit claims, etc. with Seoul Northern District Court 2019 Tadi109390, and the said court on June 19, 2019.

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