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1. The Seoul High Court Decision 2017Na2046562 (main office), 2017Na2046579 (Counterclaim) against the Defendant’s Plaintiff.
Reasons
In the appellate court of this case, the plaintiff and the defendant filed against both parties, the appellate court of this case, 2015Gahap310 (principal suit), 2016Gahap7596 (Counterclaim), and the Seoul High Court rendered a judgment to order the defendant to pay 70,238,543 won and 47,162,436 won among them to the defendant on January 11, 2018, and 6% per annum from August 10, 2017 to January 11, 2018, and 15% per annum from the next day to the date of full payment.
[Attachment 2017Na2046562 (principal lawsuit), 2017Na2046579 (Counterclaim) (hereinafter “instant judgment”). The instant judgment was final and conclusive by the Supreme Court’s ruling dismissing the final appeal on May 15, 2018.
B The obligor, the third obligor, the Plaintiff, the claim amount of KRW 16,497,984, the claim amount of which is KRW 16,497,984, and the claim amount of the judgment amount of this case was ordered to be seized and the assignment order of the claim amount (Seoul Southern District Court 2018Tnam District Court 201247). The above claim attachment and assignment order was served on the Plaintiff on February 14, 2018, and it was finalized on March 8, 2018.
On May 23, 2018, based on Article 248(1) of the Civil Execution Act, the Defendant deposited KRW 74,017,98 as Seoul Southern District Court No. 2368, May 23, 2018, on the ground that the instant claim for judgment was seized.
[Reasons for Recognition] Whether there is no dispute, each entry of Gap evidence 1 through 3 (including partial number of evidence, hereinafter the same shall apply), and the ground for appeal as a whole
A. Article 248(1) of the Civil Execution Act provides that "a garnishee may deposit the full amount of monetary claims related to seizure", and when a garnishee deposits for execution on the ground of seizure or provisional seizure pursuant to Article 248(1) of the Civil Execution Act or Articles 291 and 248(1) of the Civil Execution Act, a claim subject to seizure against a garnishee shall be extinguished.
(see, e.g., Supreme Court Decision 2014Da87502, Jul. 23, 2015). (B)
In light of this, the above facts are examined as of May 23, 2018.