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Reasons
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(영문) 의정부지방법원 2015.12.17 2015가합1397
청구이의
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

A. As to the provisional seizure of claims, the above provisional seizure order was served on the Plaintiff at that time.

3. The creditor G against the Defendant (Seoul Northern District Court 2014Kadan5766, Nov. 19, 2014) rendered a provisional attachment order on the claim of unjust enrichment return claim amounting to KRW 8,800,000 among the advanced judgment claims in this case, and served the Plaintiff with the provisional attachment order on the above claim.

The Plaintiff’s deposit money is as follows.

On November 28, 2014, the Defendant’s creditor E, F, and G deposited KRW 9,795,891 as the judgment amount of the preceding judgment, as the District Court No. 6107, 2014, with the Defendant’s creditor E, F, and G deposited each of the prior judgment claims of the Defendant, as stated in the claim.

1. 9,573,235 won of this fund by the rate of 5% per annum for 550 days from December 11, 2012 to June 13, 2014 x 5% x 5% x 7,502,093 won;

2. From June 14, 2014 to October 7, 2014, 9,573,235 won of this fund x 116/365 won x 5% x 6,329,083 won x 6,363 won x 7,36,508 won under a collection order among 113,404,366 won, and the remainder after deducting the amount received under a collection order from 106,067,858 won, and the details thereof are 9,573,235 won of this fund and 6,494,623 won of this fund.

3. From October 8, 2014 to November 28, 2014 (52 days, the date of deposit) 9,573,235 won per annum 20% x 52/365 won x 20% x 9,573,235 won per annum 2,837,155 won x 108,905,778 won per annum 9,79,79,122 won per annum from October 8, 2014 or from November 28, 2014 (the date of deposit) x 20% x 20% x 9,573,235 won per annum 9,331,778 won per annum, or the cost of lawsuit to be borne by the defendant 9,9,109,122 won per annum 9,795,891 won per annum * the plaintiff is expected to make a subsequent deposit if

The defendant, in the course of the loan lawsuit between the plaintiff and the defendant, has filed a lawsuit against the plaintiff for the loans of 2015da10950 district court 2015da10950 district court and the defendant on July 22, 2015.

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