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1. The Defendant is the year prescribed by the Commercial Act from November 8, 2014 to July 23, 2015 with respect to KRW 14,361,721 to the Plaintiff.
Reasons
Facts of recognition
On August 22, 2014, the Plaintiff filed a lawsuit seeking the price of goods with the Republic of Korea (hereinafter referred to as “foreign company”) under the 14 Ghana6469, and was sentenced to a provisional execution declaration stating that “The Plaintiff shall pay to the Plaintiff the amount equivalent to KRW 34,638,661 and the amount equivalent to the rate of KRW 205 per annum from February 6, 2014 to the date of full payment.”
(A) On September 15, 2014, the Plaintiff issued a collection order to seize KRW 38,467,359, out of the construction cost claim against the Defendant of the non-party company, with the right to execute the original copy of the above provisional execution sentence as the execution order, which became final and conclusive on April 23, 2015, while the non-party company appealed against the above judgment, and the judgment was served on the Defendant on September 17, 2015.
Accordingly, the Defendant prepared and submitted a third-party obligor’s statement to the effect that only KRW 21,376,810 among seized bonds can be recognized. The Defendant’s claim against the Defendant of the non-party company incurred from July 31, 2014 to September 16, 2014 is KRW 94,17,220 in total, and the amount paid by the Defendant to the non-party company during the above period is KRW 72,80,40 in total.
During the instant lawsuit pending, the Plaintiff recovered KRW 7,015,00 as compulsory execution against the non-party company in the Suwon District Court’s Ansan Branch No. 2014No. 4720.
【In light of the fact that there is no dispute, Gap’s evidence Nos. 1 through 7, Eul’s evidence Nos. 8 through 19 (including additional numbers), and the facts of the above recognition as to the ground of claim as to the whole purport of the pleadings, barring any special circumstance, the defendant is entitled to KRW 14,361,821 according to the seizure and collection order of the instant claim against the plaintiff who is the collection obligee (= KRW 94,177,200) - Amounting to KRW 72,80,40 in the amount paid by the defendant to the non-party company - Amounting to KRW 7,015,00 in the movable auction case.