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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. 1) D Co., Ltd. (hereinafter “D”).
(2) On July 28, 2016, the Daejeon District Court Decision 2016Kadan1368 rendered a provisional attachment order that “the Defendant’s delivery of automobile parts to E, and provisional attachment of KRW 102,778,058 out of the claim for the payment of goods at present and future from E Co., Ltd., E, a stock company, shall not pay the above claim to the Defendant, and the Defendant may deposit the claim amount and file an application for enforcement politics or revocation thereof,” and the above decision was served to E on August 1, 2016.2) The Defendant deposited KRW 102,778,058 on August 24, 2016 for the revocation of the provisional attachment execution.
B. On April 27, 2018, the Plaintiff and the Appointor (hereinafter “Plaintiff, etc.”) provisionally provisionally seized the claim, such as contract expenses, etc. (hereinafter “the instant claim”) that D shall win a lawsuit against the Defendant in the Daejeon District Court Branch of Daejeon District Court Decision 2018Kadan550 (hereinafter “instant provisional attachment”). The said decision was served on the Defendant on May 2, 2018, under the title that “D may deposit the claim amount and request suspension of execution or revocation of execution” (hereinafter “instant provisional attachment”) with the content that “D may request suspension of execution or revocation of execution.”
C. 1. The Defendant shall pay D 131,49,818 won and 102,778,058 won among them to D, with 15% interest per annum from August 12, 2016 to the date of full payment, and from February 1, 2017 to the date of full payment, 15% interest per annum from February 1, 2017 to the date of full payment.
2. D shall pay to the Defendant the amount of KRW 64,296,36 as well as 6% per annum from November 8, 2016 to September 19, 2018, and 15% per annum from the next day to the day of full payment.
On the other hand, D is the defendant.