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1. The Defendant’s compulsory execution against the Plaintiff is based on the payment order in the Seoul Western District Court 2018 tea326 collection deposit case.
Reasons
1. Basic facts
A. On July 7, 2017, the Defendant filed a lawsuit against C seeking wage payment and was sentenced to the judgment that “C shall pay KRW 34,348,421 and its delay damages to the Defendant,” and the judgment became final and conclusive around that time.
(Seoul Western District Court 2017Kadan7593). On July 31, 2017, the Defendant received a seizure and collection order against C (debtor) for the following claims based on the above judgment, and served on the Plaintiff (third obligor) on August 2, 2017.
(Seoul Western District Court 2017TTTT 7274, hereinafter referred to as "mortgage seizure and collection order of this case", and D E-C
B. On March 6, 2018, the Defendant applied for a payment order against the Plaintiff seeking the payment of the collection amount on the ground of the instant claim seizure and collection order, and received a payment order with the purport that “the Plaintiff would pay the Defendant KRW 41,905,073 and delay damages therefrom,” and the payment order was finalized as it is.
(Seoul Western District Court 2018j326, hereinafter referred to as the "instant payment order"). (c)
1) Meanwhile, around December 14, 2010, around December 15, 2010, the National Health Insurance Corporation seized 5,678,280 won among the instant claims (business loss compensation amount), 25,251,210 won (total 30,929,490 won) in the same manner as delinquent national taxes are collected, and around that time, F and C (transferor A) transferred the following claims to G (A) on October 25, 201, and sent the notice of assignment of claims to the Plaintiff by content-certified mail.
AD EF
D. 1 On the other hand, on January 31, 2020, the Plaintiff rendered a ruling with the content that the date of expropriation was March 20, 2020 by the local Land Tribunal of Seodaemun-gu Seoul Metropolitan City as “Hwon, E Center,” the owner, I, C, 245,425,00 won of the compensation, and the date of expropriation.