beta
Text
1. The Defendant’s judgment against the Plaintiff is based on the Daejeon High Court Decision 2016Na1057 Decided December 27, 2016.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) The defendant and the plaintiff, the non-party 1, the defendant, the non-party 1, the EMM (hereinafter referred to as " EMM").
(2) The appellate court rendered a judgment dismissing the Defendant’s claim on December 3, 2015. (2) The appellate court of Daejeon High Court rendered a judgment dismissing the Defendant’s claim. The appellate court of Daejeon High Court rendered a judgment on November 12, 2016 and paid 5% interest per annum from November 12, 2016 to December 27, 2016; and 15% interest per annum from the next day to the date of full payment. The Plaintiff and EchialM were jointly and severally and severally decided to the Defendant at the rate of KRW 163,010,410, and the appellate court of Daejeon High Court rendered a final judgment on October 24, 2016 to September 23, 2017. (3) The appellate court of Daejeon High Court rendered a final judgment on June 16, 2016 to the effect that only the Plaintiff and EchialM were paid 15% interest per annum from the next day to the date of full payment.
(Supreme Court Decision 2017Da205448) On June 21, 2017, the non-party Korea Development Bank (Seoul Southern District Court 2017Kadan202042) rendered a provisional attachment decision on the claim of this case (Seoul Southern District Court 2017Kadan202042) with the Defendant as the debtor and the Plaintiff as the third debtor. The original copy of the said decision was served on the Plaintiff on June 26, 2017. (4) On June 27, 2017, the Plaintiff was served on the deposit officer of the Seoul Southern District Court 2017Kadan202042 on the ground of the provisional attachment decision on the claim of this case (Seoul Southern District Court 2017Da202042) and Article 248(1) and Article 291 of the Civil Execution Act on the ground that the provisional attachment order on the claim of this case was executed (No. 409,793,099).