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1. Of the part against Plaintiff A Co., Ltd. in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid.
Reasons
1. Basic facts
A. 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)
(2) From March 28, 2012 to September 3, 2015, the sum of KRW 310,50,010 was remitted from the account under the name of the Plaintiff (J bank K) to the Defendant D’s account (L bank M). The sum of KRW 78,000,000 was deposited in the said account under the Plaintiff’s name from January 27, 2014 to September 30, 2014; 2) from the Plaintiff’s name (L bank N) account under the Plaintiff’s name (L bank M) to the Defendant D’s account (L bank M) from January 18, 205 to September 17, 2015; KRW 48,650,000 was deposited in the said account under the Plaintiff’s name as the Defendant C’s name; KRW 30,005,005,000; and KRW 30,05,005,205,205.
B. As Seoul Central District Court Decision 2016Kadan80499, the Plaintiffs filed an application for provisional attachment against Defendant D on January 29, 2016 with Defendant D as the preserved right of KRW 256,150,010 (Plaintiff Company 232,50,010, Plaintiff B23,650,000), and Defendant D filed an application for provisional attachment against Defendant D as the preserved right. The said court decided to accept the said application for provisional attachment on January 29, 2016.
(hereinafter “The instant provisional attachment order”). E Co., Ltd. executed and deposited the instant deposit amount of KRW 431,950,685 (hereinafter “instant deposit”) with the Seoul Central District Court No. 3627 in 2016.
C. 1) The Defendants suggested that they agree with each other when requesting the Plaintiffs to withdraw the instant provisional seizure application, and around February 20, 2016, Plaintiff B and Defendant C comply with the following content (No. 12, hereinafter “instant implementation note”).
A: Defendant D’s agent Defendant C: Plaintiff B’s instant provisional attachment was revoked on February 22, 2016 under the agreement with Party B, and Plaintiff B and Party B paid KRW 60,000,000 in cash immediately on February 23, 2016, and KRW 20,000 in Incheon (Titt 20,000,000 in total) and KRW 20,00,000 in total, in consideration of damage caused by Party A’s selling.