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1. Revocation of a judgment of the first instance;
2. The defendant shall issue a collection order for the seizure and collection of the claim No. 2015 other claims of the Gwangju District Court.
Reasons
Basic Facts
The court's explanation on this part is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The collection obligee, upon receipt of a payment from the garnishee, owes the obligation to obtain satisfaction of the claim pursuant to the distribution procedure by making a deposit and report on the grounds therefor without delay. Thus, if the collection obligee fails to make a deposit and report on the grounds thereof without delay even after the collection was completed by the collection obligee, he/she shall deposit the amount equivalent to the statutory delay damages in cases where he/she delays the performance of the monetary obligation during the period from the time when the collection was received from the third obligor to the time when the actual amount was deposited after a considerable period necessary for deposit and report on the grounds thereof expires.
(2) According to the above legal principles and basic facts, the Defendant received 62,345,875 won in total from the third debtor according to the collection order dated November 6, 2015, and reported the collection to the Gwangju District Court, which caused the issuance of the above collection order, on April 29, 2016. Since the Plaintiff demanded the payment on April 19, 2016, the Plaintiff received the above 62,345,875 won and the amount to be collected from the Plaintiff on November 6, 2015, the Defendant is obligated to file a report on the grounds for delayed payment at the rate of 5% per annum prescribed by the Civil Act, from April 21, 2016 to April 2016, which caused the issuance of the above collection order.
As the defendant's assertion on the defendant's defense was received from the third debtor on November 6, 2015, A's claim against the third debtor was extinguished.