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(영문) 서울중앙지방법원 2020.11.27 2020가단5152356
청구이의
Text

1. The Defendant’s determination of the Seoul Central District Court’s amount of litigation cost 2018Kao31980 against the Plaintiff and the decision.

Reasons

1. Facts of recognition;

A. On April 9, 2018, the Seoul Central District Court 2017Kahap81753, which filed against the Defendant by the Plaintiff and C Trade Union, rendered a decision of dismissal on April 9, 2018, in the case of a provisional injunction for suspension of effect by the board of directors, which was brought by the Plaintiff and C Trade Union against the Defendant, and the Seoul Central District Court 2018Kahap20430, which filed against the Defendant and one other, made a decision of dismissal on May 29, 2018.

B. As to each of the above applications, the amount of the litigation costs that the Plaintiff is liable to reimburse to the Defendant was determined as KRW 1,217,848 in the case of the above 2017Kahap81753 (Seoul Central District Court Order 2018Kahap31980) and KRW 784,774 in the case of the above 2018Kahap20430

(Seoul Central District Court Order 2018Kao34347, hereinafter referred to as "the final decision of each of the above costs of lawsuit").

On April 1, 2020, D, the Defendant’s obligee, attached a claim against the Plaintiff based on the final decision of each of the instant litigation costs against the Defendant (Seoul Central District Court 2020Kadan805611), and the original decision was served on the Plaintiff around that time.

On April 27, 2020, pursuant to Articles 291 and 248(1) of the Civil Execution Act, the Plaintiff deposited KRW 2,160,711 (i.e., KRW 1,217,88 (i., the amount of delay damages calculated at the rate of 5% per annum from August 9, 2018 to April 27, 2020, calculated at the rate of 104,768 won per annum from August 9, 2018 to April 27, 2020, the date when the above decision became final and conclusive (i.e., the amount of delay damages calculated at the rate of 5% per annum from December 19, 2018 to April 27, 2020).

(Seoul Central District Court No. 9528). e.

On the other hand, the defendant applied for the Seoul Eastern District Court 2020 other debt seizure and collection order as to the plaintiff's deposit claim against the third debtor Eul corporation as the preserved claim based on the final decision on the amount of each of the costs of lawsuit in this case. The above court decided on May 21, 2020 to seize and collect the claim.

【Ground of recognition】 There is no dispute;

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