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1. The Defendant’s KRW 50,000,000 as well as 20% per annum from March 31, 2015 to September 30, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 10, 2013, the Plaintiff received an order to pay the said amount from the Suwon District Court 201Da12355 against the Egyman Heavy Industries Co., Ltd. (hereinafter “Egyman Heavy Industries”).
B. During the period of sale of KRW 150,745,502 against the Defendant, the Industries transferred KRW 50 million out of the above claim against the Defendant (hereinafter “instant claim”) to the non-party Youngjin Machinery Industry Co., Ltd. (hereinafter “Yjin Machinery Industry”), one’s creditor on March 1, 2013, and on the same day, transferred KRW 20,493,199 to the non-party Young Steel Co., Ltd. and KRW 3,898,012 to the non-party Young Steel Co., Ltd. (hereinafter “the instant claim”).
C. Since then, the Ministry of Land, Transport and Maritime Affairs (the claimed amount of KRW 36,188,506 and KRW 32,252,016), A (the claimed amount of KRW 10,422,023), B (the claimed amount of KRW 48,228,811), and Lee Won Steel Co., Ltd. (the claimed amount of KRW 51,041,532), which are other creditors of the transfer Heavy Industries, have caused concurrent seizure or provisional seizure on the remaining claims against the defendant of the transfer Heavy Industries.
After receiving a seizure and collection order against the remaining claims of KRW 76,349,291 after the transfer to the Defendant of the Foreign Heavy Industries, the Plaintiff received a favorable judgment on June 3, 2014 by filing a claim for the collection amount (U.S. District Court 2013Gahap20338) against the Defendant. The Defendant deposited the above amount and deposited it, and the Plaintiff deposited it on the ground that the claim was competition. In the distribution procedure, the Plaintiff received dividends of KRW 35,123,760.
E. Meanwhile, on February 3, 2015, the field-based mechanical industry transferred the instant claim KRW 50 million to the Defendant, which was transferred from the field-based industry, again transferred to the field-based industry.
F. On February 10, 2015, the Plaintiff issued a claim attachment and assignment order with the Suwon District Court Decision 2015TT2982, supra, with respect to KRW 50 million against the Defendant of the Foreign Heavy Industries.