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1. The Defendant shall pay to the Plaintiff KRW 33,874,816 and the interest rate of KRW 15% per annum from October 22, 2016 to the date of full payment.
Reasons
1.The following facts shall be free to dispute between the parties:
The plaintiff entered into a credit guarantee agreement with B, issued a credit guarantee certificate, and B borrowed the credit guarantee certificate as collateral.
B. B, as the Plaintiff did not repay the above loan, the Plaintiff subrogated for the above loan on January 22, 2014, and filed a lawsuit seeking reimbursement against B as Seoul Western District Court Decision 2014Da226423, and the above court rendered a judgment on September 19, 2014 that “B shall pay the Plaintiff KRW 30,681,025 and its delay damages.” The above judgment became final and conclusive on October 11, 2014.
C. On July 11, 2013, B entered into a lease contract with the Defendant for the lease deposit of KRW 60 million, and the lease period of KRW 10 million from July 11, 2013 to July 10, 2014, and around that time, B paid the Defendant the lease deposit of KRW 60 million (hereinafter “the lease deposit”).
The Plaintiff filed an application with the Seoul Western District Court No. 2014Kadan50145 for provisional seizure of the instant lease deposit against the Defendant, and the said court accepted the provisional seizure on January 29, 2014. The provisional seizure decision was served on February 6, 2014.
E. Since then, based on the above Seoul Western District Court Decision 2014Kadan226423, the Plaintiff filed an application for the seizure and collection order, which transferred the above provisional seizure to the provisional seizure as KRW 33,874,816, the amount claimed by the Seoul Western District Court 2014 Taga26455, and the above court accepted it on October 21, 2014 and issued the seizure and collection order (hereinafter “instant collection order”). The instant collection order was served on the Defendant on October 28, 2014.
2. According to the above facts of recognition, the Defendant’s lawsuit promotion, etc. from October 22, 2016 to the day of complete payment, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff after the collection period of KRW 33,874,816 to the Plaintiff.