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1. The Defendant’s KRW 34,938,00 for the Plaintiff and KRW 5% per annum from November 21, 2018 to July 26, 2019.
Reasons
1. Facts of recognition;
A. The Defendant filed a provisional attachment order on December 14, 2016 with Suwon District Court Decision 2016Kadan61860, the Plaintiff’s claim for the amount of KRW 150 million out of the Plaintiff’s goods payment claim against D Co., Ltd., and KRW 100 million out of the Plaintiff’s goods payment claim against E Co., Ltd., and KRW 100 million out of the Plaintiff’s goods payment claim for F Co., Ltd. (hereinafter collectively referred to as “third party obligor”), and received a provisional attachment order on December 14, 2016 from the said court (hereinafter “instant provisional attachment order”). The above order was served on the said garnishee on December 16, 2016.
B. On January 3, 2017, the Defendant filed a lawsuit against the Plaintiff, etc. for damages seeking joint and several liability amounting to KRW 4.1 billion with the above court 2017Gahap40034, but was sentenced to a judgment against the above court on August 21, 2018, and the said judgment became final and conclusive on September 11, 2018.
C. On January 9, 2017, the Plaintiff raised an objection against the Defendant in the above court against the ruling on the provisional seizure of this case as 2017Kadan60034. In the case of Suwon District Court 2017Ra3194, the appellate court revoked the ruling on the provisional seizure of this case on September 4, 2018.
The above decision was finalized on September 12, 2018. D.
While the decision on provisional attachment of this case remains effective, the Plaintiff was unable to receive KRW 150 million, out of the goods-price claims that were due from Co., Ltd. D on December 30, 2016; KRW 100 million, out of the goods-price claims that were due from Co., Ltd. on January 25, 2017; and KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,0
[Reasons for Recognition] The non-contentious facts, Gap evidence Nos. 1 through 9, 13 through 15 (including virtual numbers), each fact inquiry into D, E, and F, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The gist of the plaintiff's assertion is D. D. execution of the provisional attachment decision of this case.