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1. The Defendant shall pay to the Plaintiff KRW 54,193,649 and the interest rate of KRW 12% per annum from November 14, 2019 to the date of full payment.
Reasons
1. Determination on the Plaintiff’s assertion of the cause of claim
A. In fact, the Plaintiff filed a lawsuit against C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) for damages (hereinafter “Nonindicted Co., Ltd.”) with the Gwangju District Court Decision 2016Da21839, Oct. 12, 2016 between the Plaintiff and the Nonparty Co., Ltd. on October 12, 2016, the conciliation protocol (hereinafter “instant conciliation protocol”) containing the provision that “In the event the Nonparty Co., Ltd. fails to pay the said money by the due date, the Plaintiff shall pay the Plaintiff KRW 38,00,000 to the Plaintiff by December 10, 2016. If the Nonparty Co., Ltd. fails to pay the said money by the due date, the amount unpaid plus damages for delay calculated at the rate of 15% per annum from the
When the non-party company did not pay the money pursuant to the instant conciliation protocol to the Plaintiff, the Plaintiff is the executive title of the instant conciliation protocol. The amount of the claim is KRW 54,193,649, and the amount of the claim is KRW 2019,1108, the Gwangju District Court applied for a seizure and collection order of the money until the amount reaches the above claim amount among the loans the non-party company held against the Defendant. On October 15, 2019, in the instant case, the non-party company seized the money up to KRW 54,193,649, among the loans the non-party company held against the Defendant (hereinafter “instant collection order”). The instant collection order was served on the Defendant around October 18, 2019 and became final and conclusive around that time.
Meanwhile, as of December 31, 2017, Nonparty Company had a claim for a loan of KRW 893,480,000 against the Defendant.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
B. According to the above facts, at the time when the collection order of this case was served on the defendant, the non-party company had a loan claim exceeding KRW 54,193,649 against the defendant in excess of the amount claimed according to the collection order of this case.
As such, there is a special reason.