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1. The Defendant’s KRW 54,586,465 as well as the Plaintiff’s KRW 6% per annum from June 9, 2018 to February 14, 2019.
Reasons
1. Basic facts
A. On December 8, 2017, the Plaintiff was subject to the Seoul East Eastern District Court Decision 2017Kadan3398 (hereinafter “instant provisional attachment”). The instant provisional attachment decision reached the Defendant on December 12, 2017.
B. On February 21, 2018, the Plaintiff filed an application for the payment order against D with the Seoul Eastern District Court No. 2018 tea731, and on February 21, 2018, the payment order was issued to D, stating that “D would pay to the Plaintiff 78,573,854 won and damages for delay at the rate of 15% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment.” The said payment order was finalized on March 13, 2018.
C. On March 30, 2018, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) from the Seoul Eastern District Court 2018TTTT 3680, with respect to the claim for the amount of goods price against D as KRW 79,535,500, and transferred the instant provisional seizure to the main seizure. The Plaintiff reached the Defendant on April 3, 2018, with respect to the instant seizure and collection order.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, 9, and 10, the purport of the whole pleadings
2. The Plaintiff asserts that the Plaintiff has a claim for the amount of KRW 79,535,500 against D, and sought a collection amount equivalent to the above price of the goods.
On the other hand, the defendant is a person whose claim for the price of goods against D against D was 54,586,465 (as seen below, the defendant asserted that the amount of the claim for the price of goods against D was 54,586,465 won at the time of delivery of the seizure and collection order of this case, but the defendant asserted that the amount of the claim for the price of goods against D was set off as the automatic claim amounting to 38,308,551 won. Accordingly, the defendant asserted that the claim for the price of goods was remaining 16,27,914 won for D) and that the amount of the claim for collection exceeds the above amount.