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1. Of the instant lawsuit, the Seoul High Court Decision 2008Na61648 against the Defendants’ Plaintiff 38.
Reasons
1. Basic facts
A. The Seoul Central District Court 2008Gahap2314 decided May 27, 2008 that "the plaintiff shall pay to the defendants 96,857,142 won with 5% per annum from January 17, 2008 to May 27, 2008, and 20% per annum from the next day to the day of full payment." Accordingly, both parties appealed from Seoul High Court 2008Na61648 and appealed from April 16, 2009 to April 16, 2009, "the plaintiff changed the first instance judgment to the defendants, with 88,007,142 won, and with 15% per annum from the next day to April 16, 2008 to the day of full payment, and 20% per annum from the next day to the day of full payment."
(hereinafter “the final judgment of this case”). (b)
On October 27, 2015, the Plaintiff filed a suit for objection against the Defendants by Seoul Central District Court Decision 2014Gahap59328, and sentenced the Defendants to compulsory execution based on the Seoul High Court Decision 2008Na61648 Decided April 16, 2009, with respect to KRW 33,309,681 and KRW 17,640,631 among them, which exceeds the amount equivalent to 20% per annum from December 5, 2013 to the day of full payment. The Plaintiff was sentenced to the Seoul High Court Decision 2015Na2074259, which became final and conclusive as it was by the final judgment of dismissal on April 8, 2016.
hereinafter referred to as "judgment of the objection of this case"
C. According to the instant final judgment, the Defendants received the order of seizure and collection on May 1, 2015 regarding KRW 49,921,867 of the judgment amount against the Plaintiff, as Seoul Northern Construction Co., Ltd., based on the Seoul Northern District Court Decision 2015TTTT 8718. On June 20, 2016, the Defendants issued the order of seizure and collection, and rendered a decision that the part exceeding KRW 38,258,723 of the above order of seizure and collection was revoked.
The reason is that the Postal Construction Co., Ltd was served with the Seoul Northern District Court No. 2015 Geum1930, the above order of seizure and collection.