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1. The Defendant: 80,483,497 won to Plaintiff A; 31,815,929 won to Plaintiff B; 56,267,155 won to Plaintiff C; and 63,753.
Reasons
1. Basic facts
A. F was sentenced to the judgment that “the Defendant shall pay to F 232,320,540 won and 100 million won with respect to 232,320,540 won from December 22, 2015, 132,320,540 won from April 22, 2016 to September 30, 2016, and damages for delay calculated at the rate of 15% per annum from the following day to the date of full payment” by filing a lawsuit against the Defendant, etc., and the above judgment became final and conclusive as a dismissal of appeal and final appeal.
Plaintiff
The case number (Seoul District Court Kimcheon-cheon Branch) collection amount (C 2016T 2016T 39,783,810 on December 15, 2016 to the Defendant on December 15, 2016, A 2016T 2016T 393,118,476 on December 23, 2016, C 2016 D 2016T 393,949,020 on December 15, 2016, D 2016T 3937 106,336, 161 December 15, 2016
The Plaintiffs received a seizure and collection order with respect to F’s above claim against F’s Defendant as indicated below, with regard to F’s claim for execution of the loan related to F, and the above seizure and collection order became final and conclusive.
C. On June 15, 2017, Plaintiff A received a payment order (Tgu District Court Decision 2017Hu5333, 2017), which received part of the interest on F’s loan, from the rest of the Plaintiffs, with respect to F’s loan and received a seizure and collection order (Tgu District Court Decision 2017Hu5333, Jun. 20, 2017) as to KRW 37,809,493 from among the bonds held by F as the execution bond on the above payment order and the bonds held by F against the Defendant. The above seizure and collection order was served on the Defendant on June 20, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, 11, 12, and 3 (including each number), the purport of the whole pleadings
2. The parties' assertion and judgment
A. The creditor who collects the claim upon receiving a collection order with regard to the cause of the claim, may collect the claim from the garnishee on behalf of all the creditors taking part in the seizure or distribution as a kind of collection institution according to the execution court's authorization.
Supreme Court Decision 206. 206