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1. As to KRW 37,921,831 and KRW 22,184,689 among the Plaintiff, the Defendant shall start from March 20, 2015 to July 20, 2015.
Reasons
1. Facts of recognition;
A. The Defendant asserted that there was a claim for the purchase price of KRW 1,263,700,90, which was not received from the Plaintiff for the sale of scrap metal, and filed an application for provisional seizure of real estate with the Suwon District Court 2014Kadan100800, which was owned by the Plaintiff, on May 28, 2014, as to the size of KRW 3028 square meters in Pyeongtaek-si B miscellaneous land owned by the Plaintiff, and received a decision on provisional seizure of real estate (hereinafter “decision on provisional seizure of this case”).
B. Accordingly, on August 26, 2014, the Plaintiff deposited KRW 1,263,70,90 equivalent to the amount claimed as of August 26, 2014 (U.S. District Court Decision 7568).
C. The Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 1,263,70,000 for the purchase price of KRW 1,263,70,00 for the preserved right of the instant provisional seizure (hereinafter “instant lawsuit”). Accordingly, the Plaintiff asserted that KRW 1,100,910,680 of the purchase price had already been repaid, and the claim for provisional seizure was reduced to KRW 390,193,691 on January 20, 2015, which is the second date for pleading of the instant lawsuit, was reduced to KRW 390,193,691, and on March 16, 2015, the provisional seizure application was withdrawn and the provisional seizure was rescinded as of March 18, 2015 for the remainder of the claim amount of the instant provisional seizure except KRW 390,193691, out of the claim amount of KRW 390,193691.
The Plaintiff recovered KRW 873,507,209 out of the deposit at sea on March 19, 2014 following the partial rescission of the provisional seizure.
E. Meanwhile, in the case of a provisional attachment objection filed by the Plaintiff on November 28, 2012 against the instant provisional attachment order, the Defendant was supplied with the non-performance of the amount equivalent to KRW 147,813,660 from the non-applicant C Co., Ltd. on November 28, 2012, and the Plaintiff decided to deduct the supply amount from the amount of KRW 200,000,000,000,000,000,000,000,000,000,000 won prior to the payment to the said company on April 10, 2012, the Defendant decided to substitute the Plaintiff’s monetary obligation equivalent to the same amount as the Defendant’s monetary obligation against the Defendant. The Defendant reduced the claim amount to KRW 390,193,691 in the instant lawsuit