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The defendant shall calculate 40,00,000 won to the plaintiff and 12% per annum from May 4, 2020 to the day of full payment.
Reasons
1. Facts of recognition;
A. On August 6, 2018, C and A agreed with the Defendant to immediately return each of the above deposits to C and A upon the termination of the instant business operation agreement with the Defendant at the end of May 31, 2019 with respect to the instant business operation agreement with the period of contract for the instant business operation agreement up to May 31, 2019 (hereinafter “instant business operation agreement”). C and A paid each deposit of KRW 40 million to the Defendant (hereinafter “the instant deposit”).
B. On December 6, 2018, the Plaintiff filed an application for provisional seizure of claims with Busan District Court Branch Branching 2018Kadan103015 regarding “the amount of claims filed by C, out of the claim for return of investment deposit of this case (hereinafter “the claim for return of investment deposit of this case”) against the Defendant,” with the claim amounting to KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00
C. The instant business operation agreement was terminated on May 2019, and accordingly, the Defendant returned each of the instant deposit amount to the Plaintiff, who seized the instant claim for the refund of the deposit, KRW 5 million on May 4, 2019, and KRW 5 million on May 7, 2019, respectively.
On October 15, 2019, the Plaintiff filed a lawsuit against C to claim the return of the instant investment deposit by Busan District Court Decision 2018Da33962, the Plaintiff was sentenced to the judgment that “C shall pay to the Plaintiff 6,950,000 won and interest thereon at the rate of 12% per annum from August 21, 2019 to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive around that time.
E. Based on the original copy of the instant judgment with executory power, the Plaintiff’s obligor C and the third obligor as the Defendant and the Defendant’s claim amounting to KRW 50 million from the amount of provisional attachment claim under Busan District Court Branch Branch 2019TT 110641.