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1. The Defendant’s compulsory execution against the Plaintiffs is based on the Suwon District Court Decision 2014Kadan5158 Decided January 21, 2015, respectively.
Reasons
1. Facts of recognition;
A. On January 21, 2015, the Defendant filed a lawsuit against the Plaintiffs in Suwon District Court 2014Kadan5158, and the said court rendered a judgment that “the Defendant shall pay to the Defendant the amount calculated by the ratio of 20% per annum from October 8, 2014 to the full payment date, the amount calculated by Plaintiff A’s KRW 20 million, and the amount calculated by the ratio of 8 million to 20% per annum from September 12, 2014 to the full payment date,” and that “the Plaintiff Company B (hereinafter “Plaintiff Company”) shall pay the amount of KRW 8 million and the amount calculated by the ratio of 20% per annum from September 12, 2014 to the full payment date.”
B. The Plaintiffs appealed to the instant judgment by Suwon District Court 2015Na4938, but was dismissed on September 16, 2015, and the Plaintiffs re-appealed, but the judgment of the first instance court was dismissed on November 20, 2015, and the judgment of the lower court became final and conclusive.
C. On March 23, 2015, upon receipt of the original copy of the payment order in the repayment order in the Suwon District Court 2012j1302 lending case against the Defendant, D was issued with the Suwon District Court 2015TT5261 as to KRW 60 million out of the judgment amount in the instant case against the Plaintiff Plaintiff A, and Plaintiff A was issued with the above seizure and collection order on March 26, 2015.
Plaintiff
A paid to the Defendant on September 23, 2015 the instant judgment amounting to KRW 23,846,575 (i.e., the principal amounting to KRW 20 million and damages for delay calculated at the rate of 20% per annum from October 8, 2014 to September 23, 2015) to the collecting authority D.
E. On November 18, 2015, Suwon District Court Decision 2012j1302, Osan District Court Decision 2012Da1302, D was issued a seizure and collection order with the Suwon District Court 2015TTTT201 and issued a collection order with respect to KRW 49,052,693 ( KRW 1,052,693 against Plaintiff, and KRW 48 million against Plaintiff Company) from among the loan claims in this case against Defendant based on the original copy of the payment order in the loan case of this case. Plaintiff A was issued a seizure and collection order with the Suwon District Court 2015TTT21743, Nov. 24, 2015; Plaintiff Company was issued with the above seizure and collection order on November 23, 2015.
F. The Plaintiff Company on December 3, 2015