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1. The Defendant, within the scope of the property inherited from the deceased B, paid KRW 73,852,160 to the Plaintiff and the Plaintiff’s objection thereto on March 2, 2019.
Reasons
1. Basic facts
A. On August 23, 2018, the Plaintiff filed an application for provisional attachment on the claim amounting to KRW 71,908,500, the obligor Company D (hereinafter “Nonindicted Company”) and the third obligor B, and made a decision of acceptance on August 31, 2018 (Seoul East District Court 2018Kadan5214, hereinafter “instant provisional attachment”), and the said decision was served on B on September 3, 2018.
B. On September 19, 2018, the Plaintiff filed a payment order with Nonparty Company seeking payment of the purchase price of goods, and on September 19, 2018, the Plaintiff received a payment order stating that “the Plaintiff shall pay damages for delay calculated at the rate of 15% per annum from the day after the original copy of the payment order was served to the Plaintiff (Seoul East Eastern District Court 2018Guj21164).” The said payment order was finalized on November 6, 2018.
C. On December 26, 2018, the Plaintiff received a collection order for the seizure and collection (Seoul Eastern District Court 2018TTTTT 2018TT 62506) of the claim amounting to KRW 73,852,160, and the said order was served on B on January 20, 2019.
(hereinafter “instant seizure and collection order”). D.
Around the time the provisional attachment decision of this case was served on B, B had a debt equivalent to KRW 137,217,600 for the non-party company. B repaid the debt to the non-party company on September 20, 2018.
B, however, around October 15, 2018, submitted a written objection against the instant provisional attachment order, and argued that “The instant provisional attachment order was served on October 8, 2018, and on September 20, 2018, the previous Nonparty Company did not have any obligation any longer due to full repayment of the goods payment obligation to Nonparty Company.”
E. B’s death on May 20, 2019 during the instant lawsuit pending, and upon the death of May 20, 2019, succeeded to C, E, F, and G, his wife, and E, F, and G, E, F, and G, on June 26, 2019, filed a report on the renunciation of inheritance and the same year.
9.17. The above reports.