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1. The Defendant’s KRW 23,857,205 for the Plaintiff and KRW 5% per annum from July 30, 2013 to May 8, 2015.
Reasons
1. Basic facts
A. On May 3, 2013, the Plaintiff filed a lawsuit for the claim for the payment of goods against Sshock Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) by the court 2013Gahap1135, and rendered a judgment on May 3, 2013 that “Nonindicted Co., Ltd. shall pay to the Plaintiff 113,934,370 won and 20% interest per annum from March 5, 2013 to the date of complete payment” and became final and conclusive around that time.
B. On April 10, 2013, the Plaintiff received a provisional attachment order against the Defendant of the non-party company as the head of household, etc. by this Court 2013Kahap209, and the provisional attachment order was served on April 15, 2013.
C. On July 24, 2013, the Plaintiff received a provisional seizure order of KRW 118,616,604 (hereinafter “instant seizure and collection order”) from the head of the non-party company as the title of execution with the above judgment No. 2013Gahap1135, and issued a provisional seizure order of KRW 118,616,604, out of the processing price, such as the head of household, which the non-party company holds to the Defendant. The above seizure and collection order was served on the Defendant, who is the garnishee, on July 29, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the defendant is obligated to pay 23,857,205 won and damages for delay claimed by the plaintiff, the collection obligee, according to the seizure and collection order in this case.
3. The defendant's defense was provided by the non-party company with the seal processing service from March 10, 2013 to April 10, 2013. The defendant set off the above processing price claim against the non-party company's bankruptcy claim equivalent to KRW 9,639,30 on March 29, 2013, and KRW 5,512,137 on April 10, 2013. The defendant received KRW 2,519,513 from the non-party company on April 10, 2013 and paid KRW 8,031,650 to the non-party company in cash, thereby paying KRW 8,031,650 to the non-party company.