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1. The Defendant’s decision against the Plaintiff is based on the Seoul Central District Court Decision 2017Gaso503124 Decided April 28, 2017.
Reasons
1. Facts of recognition;
A. On April 28, 2017, the Defendant: (a) filed a loan claim lawsuit against the Plaintiff as Seoul Central District Court Decision 2017Da503124, the Defendant was sentenced to the said court’s judgment that “the Plaintiff shall pay to the Defendant 12,530,040 won and 10,539,356 won with 21% interest per annum from October 27, 2016 to the date of full payment.”
The above judgment became final and conclusive around that time.
(hereinafter “The final and conclusive judgment of this case”. B. The Defendant’s claim against the Plaintiff based on the final and conclusive judgment of this case (hereinafter “the principal and interest of this case”).
On August 8, 2016, the Defendant deposited 11,854,870 won in order to preserve loan claims prior to filing a lawsuit for the said loan claim, which the Plaintiff acquired as the owner (debtor) in the auction case to exercise the real estate security right in the Seoul Northern District Court. In the auction case, on September 28, 2016, the auction court deposited 11,85,494 won as dividends and interest on the ground of the provisional attachment order issued by the Defendant on September 28, 2016 (hereinafter “instant deposit”).
(2) On June 30, 2017, based on the original copy of the final judgment of this case, based on the amount claimed as KRW 14,035,327 (including enforcement expenses 98,500) by the Seoul Central District Court 2017TTTT 108564, the Defendant was issued a provisional seizure order and a collection order for additional seizure of KRW 2,180,457 (hereinafter “instant seizure order”). As to the instant claim for the payment of the deposit, the Defendant was issued a provisional seizure order and a collection order for additional seizure of KRW 2,180,457 (hereinafter “instant seizure order”).
(B) On July 5, 2017, when the seizure collection order of the instant case was served on the Republic of Korea, which is a garnishee, the depository on the ground of the concurrence of seizure.