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1. The defendant's compulsory execution against the plaintiff is denied based on the payment order (Seoul Eastern District Court 2013 tea4854).
Reasons
1. Basic facts
A. On March 13, 2012, the Defendant was issued with the Seoul Central District Court No. 2012TTTT 2012TT 7479, and the Seoul Central District Court No. 2010 Gohap121546, and issued an assignment order to the Plaintiff, a debtor, Co., Ltd., Ltd., (hereinafter “the non-party company”) against the third party debtor, with respect to the claim for the return of the loan claim No. 201Gahap46284 (hereinafter “the claim of this case”) against the third party debtor, the Defendant received the claim attachment and assignment order (hereinafter “the claim attachment and assignment order of this case”), and the attachment and assignment order of the claim of this case was served on the Plaintiff, who is the debtor on March 16, 2012.
6.5. The service was made on the 13th of the same month on the 13th of the same month to the non-party company.
B. After that, the Defendant applied for a payment order against the Plaintiff under this Court No. 2013 tea4854 to seek payment of the full amount based on the instant claim attachment and assignment order, and on July 4, 2013, the Defendant received the payment order (hereinafter “instant payment order”) from the Defendant on June 5, 2010 for KRW 269,041,095 and KRW 69,041,095 among them, and for KRW 200,000 from March 15, 2011 to February 14, 2012, and KRW 20% per annum from the next day to the day of full payment. The instant payment order became final and conclusive at that time.
C. Meanwhile, on March 14, 2011, Nonparty B and Nonparty Company entered into a contract with the Plaintiff and Nonparty Co., Ltd. (the representative director) to establish a pledge in the name of B on the part of KRW 3 billion out of KRW 3.51 billion (see, e.g., evidence No. 2) in order to secure the claim for refund of the purchase price in the amount equivalent to KRW 4.20 million against Nonparty Co., Ltd., and on the same day, notify the Plaintiff and Nonparty Co., Ltd of the establishment of the pledge.