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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 12% per annum from June 11, 2019 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff filed a lawsuit against C seeking the payment of loans (Seoul District Court Decision 2017Gadan1849). In that lawsuit, the conciliation was concluded that “C shall pay to the Plaintiff 69,572,000 won and 60,000 won, whichever is calculated at the rate of 5% per annum from March 6, 2018 to the date of full payment.”
B. 1) The Plaintiff: (a) the Defendant (D Co., Ltd. before the merger) as the obligor is the third obligor; and (b) the Jung-gu Seoul Special Metropolitan City E Building F (hereinafter “instant real estate”) against the Defendant as the obligor.
(3) On July 2, 2014, the provisional attachment order of the claim (hereinafter “the provisional attachment order of this case”) regarding KRW 60,000,000,000 among the lease deposit with respect to the security deposit was issued and rendered on July 2, 2014.
(2) The Defendant received the foregoing provisional attachment order around that time. After that time, the Defendant filed an application for the attachment and collection order (the Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (hereinafter “instant attachment and collection order”) on December 21, 2018. The above attachment and collection order were served on the Defendant around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the defendant shall pay to the plaintiff who received a collection order of KRW 60 million among the lease deposit with respect to the real estate of this case, and to the plaintiff who received the collection order of KRW 60,000,000 from June 11, 2019, which is the day following the day when the plaintiff requested the defendant to pay the above money in accordance with the seizure and collection order of this case, the collection order from June 11, 2019, which is the day when the copy of the complaint of this case was served on the defendant, to the execution creditor the right to collect the claim against the third debtor, and the third debtor shall pay the execution creditor the amount equivalent to