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(영문) 창원지방법원마산지원 2017.11.08 2016가단11519
청구이의
Text

1. The Defendant’s Changwon District Court Decision 2015Kadan10144 decided November 10, 2016 rendered against the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 10, 2016, the lower court rendered a judgment against the Plaintiff on December 10, 2016, ordering the Defendant to pay an amount equivalent to KRW 19 million per annum from December 10, 2015 to November 10, 2016, and KRW 5% per annum from the next day to the date of full payment (hereinafter “instant judgment”), and KRW 15% per annum from the next day to the date of full payment. The said judgment became final and conclusive on November 29, 2016.

B. On October 24, 2017, based on Article 248(1) of the Civil Execution Act, the Defendant deposited KRW 21,796,905 in the Changwon District Court Branch’s KRW 21,796,905, on the ground that Nonparty Han-il Co., Ltd., Ltd., two hundred and forty (1402) seized the instant judgment claim, and again deposited KRW 22,659,452 in the sum of KRW 1437 in the Changwon District Court’s 2017, Nov. 1, 2017.

C. According to the instant judgment, “19 million won and the amount calculated by the rate of 5% per annum from December 10, 2015 to November 10, 2016,” and “15% per annum from the next day to November 1, 2017,” respectively, shall be 22,654,452 won [19,00,000 won 874,726 won (19,00,000 x 5% x 337 days x 366 days x 366 days; hereinafter the same shall apply].

) 2,779,726 won (19,00,000 won x 15% x 356 days / 365 days).

2. Judgment on the plaintiff's claim

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)

According to the above facts, until November 1, 2017, the Defendant deposited KRW 22,659,452 exceeding KRW 22,654,452, which is the total amount of the judgment bond of this case, which is the claim subject to seizure.

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