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1. The Defendant shall pay to the Plaintiff KRW 87,142,622 and the interest rate of KRW 15% per annum from March 12, 2016 to the date of complete payment.
Reasons
1. Following the facts of recognition may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence 1 to 3, evidence 1 to 4-1, 2, evidence 5-1 to 11, and evidence 1.
The Plaintiff filed a lawsuit against C with the Gwangju District Court No. 2014Gahap4325 to seek payment of KRW 186,000,000. On April 13, 2015 between the Plaintiff and C, “C shall pay the Plaintiff KRW 87,00,000 to August 31, 2015, and if the payment of the said amount is delayed, the amount calculated by adding the amount calculated by adding the amount of 20% per annum to the amount of unpaid amount from September 1, 2015 to the date of full payment.”
B. On May 8, 2014, the Plaintiff, as the Gwangju District Court 2014Kahap322, issued a decision on provisional attachment (hereinafter “decision on provisional attachment of this case”) with respect to C’s claim for acquisition price claim against the Defendant (Article 101, No. 201, No. 201, No. 301, No. 301, No. 401, No. 501, No. 601, No. 701, No. 702, No. 702, and No. 703, May 12, 2014). The decision on provisional attachment was served on the Defendant, who is the debtor on May 12, 2014.
C. On September 7, 2015, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) from the Defendant, who is the garnishee on September 10, 2015, on the basis of the original copy of the above conciliation protocol, which is enforceable by the Gwangju District Court 2015TT, to KRW 87,142,622, out of the purchase price claim against C (i.e., the principal amount of KRW 87,00,000,000 per annum 20% per annum from September 1, 2015 to September 3, 2015) to transfer the provisional seizure of the above claim to the original seizure. The said collection order was served on the Defendant, who is the garnishee on September 10, 2015.
The defendant on February 13, 2014, No. 101, No. 102, No. 201, No. 301, No. 401, No. 501, No. 601, No. 701, and No. 701, and No. 7 of the 4th floor on February 13, 201.