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1. The defendant's decision against the plaintiff is based on the Seoul Central District Court Decision 2005Da148351 decided Oct. 27, 2005.
Reasons
1. Basic facts
A. On November 21, 2002, the Defendant acquired the claim against the Plaintiff and B from the Treatment Capital Co., Ltd. (hereinafter “Treatment Capital”), and filed a lawsuit against the Plaintiff and B against the Plaintiff as Seoul Central District Court Decision 2005Gada1488351. In this case, the judgment that “the Defendant jointly and severally paid to the Plaintiff the amount of KRW 17,679,839 and the amount of KRW 9,200,000 per annum from May 1, 2005 to the date of full payment” (hereinafter “the judgment in this case”). The appeal by the Plaintiff and B became final and conclusive on January 21, 2007.
B. Prior to the transfer of the claim based on the preceding judgment of this case to the Defendant, the Defendant provisionally seized the real estate owned B after the Defendant acquired the claim based on the preceding judgment of this case from the treatment Capital, and the distribution schedule was prepared to distribute the total sum of KRW 2,028,048 to the Defendant, and KRW 10,090,751 to the Defendant on October 19, 2006 in the case of the Gwangju District Court Mapo-Support C compulsory Auction for Real Estate in which the real estate was conducted with respect to the real estate.
C. Around June 8, 2007, the Defendant received all of the above dividends from the Defendant as the assignee of the claim and then appropriated the total of 12,18,799 won (=2,028,048 won 10,090,751 won) out of the amount of claims based on the previous judgment to KRW 855,410, principal amount, KRW 9,200,000, interest or delay damages amount, KRW 2,063,389, in sequence. Accordingly, the Plaintiff’s obligation against the Defendant based on the previous judgment of this case to compensate for the damages amounting to KRW 10,23,567 [the damages amounted to KRW 21,49,956] (=the damages amounted to KRW 205,Da148351, KRW 17,679, KRW 839, KRW 200, KRW 2081, KRW 209, KRW 971,2007, May 2971,2097).