(영문) 수원지방법원안양지원 2020.12.18 2020가합102643

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(영문) 수원지방법원안양지원 2020.12.18 2020가합102643

청구이의

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1. On November 2019, the Defendant’s claim for the return of security deposit against the Suwon District Court for the Plaintiffs was filed.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, and 3, together with the purport of the entire pleadings:

In the case of the claim for the return of security deposit against the Defendant and D Plaintiffs, the said court tried to conduct mediation by opening the conciliation date on November 5, 2019, but did not reach an agreement among the parties, and the said court notified the parties of a decision in lieu of conciliation (hereinafter “instant decision”).

The instant decision was rendered by the parties and became final and conclusive around that time because they did not raise any objection. Of the instant decision, “The plaintiffs jointly pay KRW 20,000,000 to the defendant by December 31, 2019, and the defendant shall be paid KRW 20,000,000 per annum from the day following the said payment date to the day of full payment.”

B. On January 2, 2020, the Plaintiff Company A paid KRW 18,000,000 to the Plaintiff as a repayment of debt according to the instant decision.

In order to satisfy the remaining claims according to the decision of this case, the defendant applied for a seizure and collection order as to the deposit claims against the plaintiff Gap corporation of Suwon District Court as the title of execution, and the claim amounting to 2,003,945 won (the sum of 2,00,000 won of principal and 3,945 won for delay calculated at the rate of 12% per annum from January 1, 2020 to January 6, 2020). The above court accepted the defendant's application on January 14, 2020 and issued the seizure and collection order.

Since then, the above order of seizure and collection was served on E Co., Ltd., and the defendant collected all of KRW 2,003,945 from E Co., Ltd. according to the above order of seizure and collection, and completed the report of collection.

2. Whether the part of the instant lawsuit is lawful.

유사 판례

-수원지방법원 안양지원 2020.12.18. 선고 2020가합102643 판결

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