(영문) 수원지방법원여주지원양평군법원 2015.01.29 2014가단64

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(영문) 수원지방법원여주지원양평군법원 2015.01.29 2014가단64

청구이의

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. In the loans rendered by the Defendant against the Defendant in Suwon District Court Decision 2012Gau3643, Suwon District Court Decision 2012: “The Defendant shall pay the Plaintiff 5,500,000 won with the interest of 5% per annum from February 13, 2013 to February 28, 2013; and 20% per annum from March 1, 2013 to the date of full payment.” The above judgment became final and conclusive around that time.

B. According to the above judgment, the Defendant: (a) filed an application for the seizure and collection order (Seoul Western District Court 2013TT 201TT 4876) with the amount of money up to the claim amount among the obligor C, the third obligor, the Plaintiff, the claim amount of KRW 5,602,00, and the obligor’s third obligor of the seized claim for landscaping and civil works on the D-gun D-gun D ground against the obligor of the seized claim; and (b) received the seizure and collection order (hereinafter “instant seizure collection order”) from the above court on April 10, 2013; and (c) received the seizure and collection order (hereinafter “instant seizure collection order”); and (d) served the Plaintiff on May 24, 2013.

C. Although the Defendant demanded the Plaintiff to repay the above construction cost based on the instant seizure collection order, the Plaintiff did not comply therewith, the Defendant filed a lawsuit with the Suwon District Court seeking payment of KRW 5,600,000 to the Plaintiff and the amount calculated at the rate of 20% per annum from the day following the delivery of the complaint to the day of complete payment, and the above court rendered the instant order of performance recommendation on June 12, 2014. At that time, the instant order of performance recommendation reached the Plaintiff and became final and conclusive as it is.

On the other hand, C filed a lawsuit against the Plaintiff and E for the payment of the said construction cost under the 2012Gadan21984 at the Gwangju District Court’s 2012Gadan21984, and the relevant case “the Defendant jointly and severally pays to the Plaintiff KRW 42,50,000 to the Plaintiff by September 15, 2013. If the Defendants did not pay the said amount by the payment date, the unpaid amount shall be the date of full payment from the day following the date

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