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(영문) 수원지방법원안산지원 2020.05.14 2019가합10504
청구이의
Text

1. It is based on the judgment of Suwon District Court Decision 2016Gahap9077 Decided April 5, 2018 against the Defendant’s Plaintiff.

Reasons

1. Basic facts

A. The lawsuit process and deposit 1) C (hereinafter “C”) between the Plaintiff and C Company

(2) The Defendant filed a lawsuit against the Plaintiff on April 5, 2018 (hereinafter referred to as the “instant judgment”) with the Suwon District Court’s Ansan Branch 2016Gahap9077 to seek payment of service payment or unlawful gains or office management expenses equivalent to the above amount of KRW 698,56,00, and loans KRW 322,841,50, and delayed payment damages, etc., and the Suwon District Court rendered a judgment to the effect that “the Plaintiff shall pay C a loan amount of KRW 322,841,50, and interest thereon, etc.” (hereinafter referred to as “instant judgment”).

(2) On April 10, 2018, the Seoul Western District Court (Seoul Western District Court 2018Na202341) deposited KRW 516,93,493 in total, the principal and interest, etc. according to the instant judgment pursuant to Article 487 of the Civil Act (hereinafter “instant repayment deposit”), and C deposited the said deposit without reservation of objection on April 27, 2018.

3) On January 10, 2019, the Seoul High Court rendered a decision in lieu of conciliation to the effect that “the Plaintiff shall pay 500,000,000 won to C by adding them to February 28, 2019. If the Plaintiff fails to pay by the payment date, the amount unpaid and the amount calculated at the rate of 15% per annum from the day following the date of payment to the date of full payment” (hereinafter “instant compulsory conciliation decision”).

(4) On January 28, 2019, the Plaintiff deposited KRW 500,000,000 according to the instant compulsory adjustment order as Seoul Eastern District Court No. 503 on February 28, 2019, pursuant to Article 248(1) of the Civil Execution Act, as the Seoul Eastern District Court Decision No. 2019, Feb. 28, 2019.

(hereinafter “Deposit for Execution of this case”). (b)

The defendant's provisional attachment, etc. 1 is Seoul Central District Court 2016Kadan80152, C's redevelopment of house.

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