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(영문) 서울남부지방법원 2017.10.24 2017가단221093
청구이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 24, 2014, the Seoul Southern District Court Decision 2013Kadan49408, against the Plaintiff, which was proceeding by public notice against the Plaintiff, was sentenced to a full-time judgment with the purport that “the Plaintiff shall pay to the Defendant KRW 17,00,000 and the amount of KRW 40,000 and the amount of KRW 5% per annum from January 28, 201 to January 18, 2014, and the amount of KRW 20% per annum from the next day to the day of full payment” (hereinafter “instant judgment”).

(W) The decision of this case was dealt with by the plaintiff and the defendant from the plaintiff and the defendant in the Doomomet (the plaintiff and the defendant in the lawsuit of this case) that had been delivered to both the plaintiff and the defendant at the time of the sentence.

B. The defendant, based on the judgment of this case as the executive title, received a seizure and collection order (Seoul Northern District Court 2014Tukbu District Court 2014Tr. 3097, and evidence 2) on February 19, 2014 as to the amount equivalent to KRW 69,347,921 among the claims against the plaintiff's national bank against the defendant's Korean bank, and as to the amount equivalent to KRW 26,490,300 among the claims against the plaintiff's bank against our bank.

3. 10. The collection order (Seoul Northern District Court 2014. 3924. 2.) was issued.

The order of seizure and collection of each of the above claims was served on the National Bank and the Korean Bank at the time of each issuance.

C. On February 26, 2014, the Plaintiff was above B.

On February 19, 2014, based on the seizure and collection order of the claim as of February 19, 2014, the National Bank collected KRW 43,814,844 from the National Bank.

On March 12, 2014, the Plaintiff filed an appeal to complete the instant judgment, and applied for the return of the provisional payment to the Defendant.

E. From the appellate court (Seoul Southern District Court 2014Na3516) to May 17, 2016, a voluntary conciliation was established with the content indicated in the “mediation clause” column of the attached conciliation protocol (hereinafter “instant conciliation”).

[Ground of recognition] Unsatisfy, A(1) through (3)

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