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(영문) 서울중앙지방법원 2019.05.30 2019가단5038461
청구이의
Text

1. The Defendant’s argument against the Plaintiff is based on the Seoul Central District Court’s 2018da6295 protocol for the instant case.

Reasons

Basic Facts

The Defendant has a claim for KRW 50,00,000 by an executory payment order in the Seoul Central District Court 2016 tea37475 (hereinafter “Nonindicted Company”) against Nonparty D (hereinafter “Nonindicted Company”) and damages for delay against the Plaintiffs pursuant to the Seoul Central District Court 2018Da6295 (hereinafter “instant conciliation protocol”), and the Nonparty Company has the following claims against the Plaintiffs pursuant to the conciliation protocol in the case including rent, etc. (hereinafter “instant conciliation protocol”).

The Defendants (hereinafter “Plaintiffs”) shall pay KRW 5,00,000,000, respectively, to the Plaintiff (hereinafter “Nonindicted Company”) by July 31, 2018. If the Defendants fail to pay the amount calculated by subtracting the amount paid from each of the 10,000,000 won until the due date, and the remainder calculated by adding the amount calculated by deducting the amount paid from each of the 10,000,000 won and the delay damages therefrom at the rate of 15% per annum from August 1, 2018 to the date of full payment.

On June 22, 2018, the Defendant received an order of seizure and assignment in its entirety as the Seoul Central District Court 2018TBE 2016Hu37475 Decided June 22, 2018, with respect to each claim based on the instant conciliation protocol against the Plaintiffs of the non-party company (10,506,110 won against the Plaintiff, and 10,506,100 won against the Plaintiff).

On July 30, 2018, the Plaintiffs deposited each of the obligations of KRW 5,000,000 according to the instant protocol of mediation, based on Article 248(1) of the Civil Execution Act, Plaintiff B deposited as the Seoul Central District Court No. 18256, and Plaintiff A as the Seoul Central District Court No. 18321, 2018, respectively.

On October 26, 2018, the Defendant received 4,978,245 won, excluding 21,755 won for enforcement expenses in the distribution procedure of the Seoul Central District Court E-distribution procedure, and 4,978,436 won, excluding 21,564 won for enforcement expenses in the F-Distribution procedure of the Seoul Central District Court E-Distribution procedure.

The defendant is the Seoul Central District Court on January 23, 2019.

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