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(영문) 서울동부지방법원 2017.03.24 2016나24552
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

The defendant against the plaintiff (appointed party) and the Appointed B.

Reasons

1. Facts of recognition;

A. The Defendant, upon which the payment order was finalized, filed a demand claim for acquisition money against the Plaintiff (Appointed Party; hereinafter “Plaintiffs”) and the Appointed B (hereinafter “Plaintiffs”) and the Plaintiff, etc., and the payment order (Seoul Eastern District Court Decision 2014 tea2776, Apr. 24, 2014; hereinafter “instant payment order”) was issued as follows. The instant payment order was served on May 1, 2014 to the Plaintiff, etc., and became final and conclusive around that time.

“The Plaintiff, etc. shall jointly and severally pay to the Defendant KRW 218,940,716 as well as KRW 9,00,000 among them, KRW 15% per annum from April 1, 2014 to the service date of payment order, and damages for delay calculated at the rate of KRW 20% per annum from the next day to the day of full payment, and KRW 534,000,000 per annum, and KRW 144,00,000 for Selection B, within the limit of KRW 144,00,000 per annum.”

B. The Defendant’s compulsory execution, provisional seizure and agreement attached the instant real estate to the Plaintiff’s claim against the Plaintiff for transfer money (hereinafter “instant real estate”). Based on the instant payment order, the Defendant was subject to the attachment and collection order of the claim (Seoul Eastern District Court 2015Kadan694) on January 16, 2015, based on the instant payment order, and received the attachment and collection order of the claim (Seoul District Court 2015 Tasan305, Jun. 16, 2015; 2015 Tasan423, Jan. 20, 2015).

Plaintiff

The Defendant and the Defendant agreed on the obligation from August 26, 2014 to reduce the amount of obligation to KRW 25,00,000 on May 6, 2015; however, in installments, the amount of obligation shall be reduced to KRW 13,00,000 until May 6, 2015; KRW 10,000,000 until May 13, 2015 (the date of release from attachment); and KRW 1,00,000,000 until June 15, 2015; and KRW 1,00,000,000,000 until July 15, 2015; and if the obligation is discharged, the remaining amount shall be reduced, but if the agreement is not possible, the agreement shall be invalidated.

(hereinafter “instant agreement”). On May 6, 2015, the Defendant submitted to the Seoul Eastern District Court an application for cancellation of the said provisional seizure (the cancellation of the provisional seizure registration was completed on May 18, 2016), and on May 7, 2015.

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