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1. The Defendant’s KRW 5,609,748 as well as the Plaintiff’s annual rate of 5% from November 17, 2012 to December 20, 2012.
Reasons
1. The Plaintiff, based on the executory order of wage payment in the Seoul Western District Court Decision 2012 tea1739 against K.A., the Plaintiff received the order of seizure and collection (hereinafter “instant order of seizure and collection”) regarding KRW 24,559,683 among the rent claims against the Defendant by Suwon District Court Decision 2012, Sept. 10, 2012, which was KRW 201,540, Jun. 10, 2012, and the order was served on the Defendant on September 14, 2012.
In addition, the Plaintiff received the order of seizure and collection (hereinafter “instant order of seizure and collection”) from the Defendant on October 25, 2012, based on the executory order of the wage payment in the Seoul Western District Court No. 2012 tea1739, the Plaintiff issued the order of seizure and collection as to KRW 31,050,065, out of the rent claim against the Defendant by Suwon District Court Hyeongwon District Court Decision No. 2012, Oct. 23, 2012.
[Ground for Recognition] : In the absence of dispute, each entry in Gap evidence 1 to 5
2. According to the above facts finding as to the cause of the claim, barring special circumstances, the Defendant is obligated to pay the Plaintiff the sum of KRW 55,609,748 (= KRW 24,59,683 Won 31,050,065) according to the collection order and seizure and collection order of the instant case, and as sought by the Plaintiff, the Plaintiff, from November 17, 2012 to December 20, 2012, the following day after the delivery date of the application for modification of the purport of the claim as of November 14, 2012, the Defendant’s defense as to the existence and scope of the obligation as follows, and from December 20, 2012, 5% per annum under the Civil Act until December 20, 2012, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day until the day of full payment.
3. Judgment on the defendant's assertion
A. As to the defendant's assertion, the defendant's case No. 5, which is known to the defendant, before the delivery of the seizure and collection order of this case.