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1. The Defendants’ compulsory execution against the Plaintiff on May 30, 2014, based on the payment order issued on May 30, 2014.
Reasons
1. Facts of recognition;
A. On June 11, 2014, J. E (hereinafter “E”) had a claim for “164,382,530 won, and 5% per annum from August 21, 2012 to September 4, 2013 and 20% per annum from the next day to the day of full payment” based on the ruling on the contract deposit case No. 2012,1017, which became final and conclusive on June 11, 2014.
B. A, based on the above judgment, applied for the seizure and collection order of the claim amount of KRW 160,000,000, as the Jung-gu District Court 2014TT 3232. On February 18, 2014, upon the above court’s issuance of the seizure and collection order of the claim amount of KRW 40,000,000 for each financial institution in which E had four financial institutions including the Plaintiff, etc., and the above order was served on the Plaintiff, the garnishee, on February 21, 2014.
C. Next, A applied for a payment order against the said 4 financial institutions to pay KRW 40 million for each financial institution’s debt collection amounting to KRW 40 million, and on May 26, 2014, upon receipt of a payment order issued by the said court (hereinafter “instant payment order”), and the said order was served on the Plaintiff and finalized on June 27, 2014.
After that, on August 7, 2014, A received 101,646,950 won as repayment deposit from F, the debtor, the representative director of E and E, and received full payment from the debtor, etc. based on the above judgment.
E. A, while the instant lawsuit was pending, died on October 26, 2014, and the Defendants, the deceased’s spouse and children, inherited the deceased’s property status.
【Ground for recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 1, and the purport of the whole pleadings
2. The Plaintiff, at the time of delivering the above order of seizure and collection, declared that the deposit claim against the Plaintiff was KRW 2,027,207, and the Plaintiff’s claim against the Plaintiff was set off on an offset basis, and expressed his/her intent of set-off on an equal amount with the claim for loans of KRW 150 million against the Plaintiff E on an offset basis.