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1. The Defendant’s Changwon District Court Decision 2013Da13835 (Main Office), May 29, 2015 (Counterclaim) against the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 29, 2015, in the Changwon District Court Decision 2013Da13835 (principal lawsuit) and 2015Kadan371 (Counterclaim), the said court rendered a judgment ordering the Plaintiff to pay to the Defendant an amount equivalent to KRW 18,00,000 per annum from March 21, 2015 to the date of full payment (hereinafter “the instant judgment”), and the instant judgment became final and conclusive on October 15, 2016.
B. On July 22, 2015, the Defendant, based on the instant judgment, issued a claim attachment and assignment order (hereinafter “instant assignment order”) with respect to the amount claimed as KRW 8,858,082 and the amount to be deposited in the future among the Plaintiff’s deposit claims against the Nonparty Industrial Bank of Korea (hereinafter “instant attachment claim”), among the deposit claims against the Nonparty Industrial Bank of Korea (hereinafter “instant attachment claim”), and the instant assignment order was served on the Industrial Bank of Korea as the garnishee on July 27, 2015, and became final and conclusive on August 18, 2015.
C. On June 15, 2015, the Defendant paid KRW 10,011,715 as principal and interest of the instant judgment amount. On August 19, 2015, the Industrial Bank of Korea transferred KRW 3,605,908 to the deposit account under the Plaintiff’s name as of July 27, 2015.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3, Eul evidence 1 and 2 (including additional numbers), the fact inquiry results of the Bank of Korea president of this court, and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. Article 231 of the Civil Execution Act provides, “Where an assignment order has become final and conclusive, the obligor shall be deemed to have repaid his/her obligation at the time the assignment order was served on the garnishee: Provided, That this shall not apply where the transferred obligation does not exist.”
B. On July 27, 2015, the Plaintiff issued an assignment order to the Industrial Bank of Korea, a garnishee upon the confirmation of the instant assignment order.