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1. The Defendant’s decision against the Plaintiff is based on the Seoul Central District Court Decision 2017Gaso4647 Decided March 17, 2017.
Reasons
1. Facts of recognition;
A. On March 17, 2017, the Seoul Central District Court rendered a judgment that “the Defendant (the Plaintiff of this case) shall pay to the Plaintiff 4,257,000 won per annum from May 1, 2015 to November 30, 2016, and 15% per annum from the next day to the day of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive as of April 14, 2017.
B. The Defendant received a provisional seizure order (Seoul Central District Court 2016Kadan41568, Jul. 13, 2016) against the claim amounting to KRW 4,257,00, which the Plaintiff had against the third party debtor, by designating the Plaintiff as the debtor and Hyundai Plastic Co., Ltd. (hereinafter “third party debtor”), prior to filing the said lawsuit, on April 20, 2017, the Defendant issued a provisional seizure order against the claim amounting to KRW 4,257,00,00 which the Plaintiff had against the third party debtor. Upon the instant judgment became final and conclusive, on April 20, 2017, the Seoul Central District Court 2017, KRW 4,946,145, which was already seized as the provisional seizure order, and issued a collection order prior to the provisional seizure and the claim amounting to KRW 4,257,00,00, which was already seized as the provisional seizure order.
Accordingly, on May 23, 2017, the defendant collected KRW 4,257,00, which is the provisional seizure amount of the claim transferred to the above provisional seizure from the garnishee on May 23, 2017, and reported the collection to the execution court on May 24, 2017.
On the other hand, the above order of seizure and collection was served on August 14, 2017 on the plaintiff, who is the debtor.
C. On August 23, 2017, the Plaintiff shall transfer KRW 5,000,000 to the Defendant, taking into account the fact that the amount of the instant seizure claim based on the instant judgment was KRW 4,946,145, without knowing that the collection procedure had already been conducted as above, with the title of execution, around August 23, 2017.