Suwon District Court Decision 2015Gahap4644 decided April 17, 2019 against the defendant's plaintiff, Suwon High Court Decision 2015Gahap464 decided September 26, 2019.

Facts of recognition

[Ground of recognition: The facts without dispute, Gap evidence Nos. 1 and 2, the facts obvious to this court, and the purport of the whole pleadings] The defendant filed a lawsuit against the plaintiff for the payment of the construction price against the plaintiff, and filed an application with the Suwon District Court D for compulsory auction for the plaintiff's real estate by the judgment of the provisional execution ordering the plaintiff to pay KRW 175,018,60, and delay damages therefor (hereinafter "the judgment of the court of first instance") on April 17, 2019.

The appellate court ordered the payment of KRW 119,342,610 among the judgment of the first instance court from 2019Na11742 to September 26, 2019, and the amount of KRW 119,342,610 as well as the amount of KRW 6% per annum from August 6, 2015 to September 26, 2019, and the amount of KRW 15% per annum from the next day to the date of complete payment, and the part of the appellate court ordered payment was revoked, and the defendant's claim corresponding to that part was dismissed, which became final and conclusive on October 12, 2019.

On November 5, 2019, the Plaintiff: (a) served the Defendant as the debtor with the attachment and collection order of each of the following claims; and (b) served with the provisional seizure order of claims, and (c) deposited the execution deposit of KRW 153,034,838 based on the above judgment on the ground that it was served with the provisional seizure order of claims:

The case number of seizure of claim: Suwon District Court 2016TT 2016T 16725 and creditor of collection order: The amount claimed by the plaintiff: The third debtor: the date of service of KRW 20,939,078: the date of service by the plaintiff: September 28, 2016: Case number of seizure of claim: Suwon District Court 2019T 12350: Creditor Co.,, Ltd.: Defendant 3 debtor: The amount claimed by the plaintiff: The date of service of KRW 33,944,031: Case of provisional seizure of claim on October 7, 2019: Suwon District Court 2015Kadan20685: Defendant 3 debtor: The amount claimed by the plaintiff: Case of provisional seizure on claim: 20,000,000,000: Case number on April 13, 2015; Case of provisional seizure on claim of KRW 2015 E.205.36.20