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1. The Defendant’s KRW 45,00,000 and its amount shall be 15% per annum from June 5, 2018 to May 31, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a claim for the agreed amount with the Daegu District Court 2017Kadan130039 against Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On April 23, 2018, the said court rendered a ruling of recommending reconciliation with the purport that “Nonindicted Co., Ltd. shall pay to the Plaintiff the amount calculated at the rate of KRW 45 million and the interest rate of KRW 15% per annum from May 1, 2018 to the date of full payment” and the said ruling became final and conclusive at the end of business.
B. Prior to the decision of recommending reconciliation, the Plaintiff filed an application for provisional attachment of claim (hereinafter “the principal and interest claim”) with the Daegu High Court 2015Na21869 with respect to “267,20,000 won and the interest and interest calculated at the rate of 5% per annum from August 1, 2014 to May 25, 2016, and 20% per annum from the next day to the date of complete payment (hereinafter “the principal and interest claim”) based on the original copy of the judgment with executory power in the damages claim case against the Defendant by the non-party company, which the Plaintiff had against the Defendant, with the Daegu High Court 2015Na21869, and the said court rendered a decision to accept it on November 16, 2017.
C. After the decision to recommend reconciliation became final and conclusive, the Plaintiff filed an application for the seizure and collection order of the claim (hereinafter “instant claim seizure and collection order”) with the Daegu District Court 2018TTTTTTT 10472, which transferred the provisional seizure of the said claim to the original seizure, and the said court rendered a ruling of accepting it on May 31, 2018, and the Defendant was served on June 4, 2018.
On the other hand, with respect to the non-party company's claim for the principal and interest of damages against the defendant of the non-party company, matters regarding the seizure and collection order of the non-party company's other DE EF GHHHH NA NAT UVW X creditors, and the provisional seizure order and termination order are as follows.
E. On December 8, 2016, Nonparty Company transferred KRW 200 million to Y of the principal and interest claim against Defendant for damages, and notified the Defendant of the content certification with a fixed date on December 23, 2016.
F. On January 4, 2017, Z Co., Ltd., the Defendant’s enforcement agent, is seven creditors of the non-party company as above, D, G, J, M, P.