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1. The Defendant has executory power over the judgment of the Changwon District Court against C on January 14, 2015.
Reasons
1. The original district court 2013Gahap6544 decided January 14, 2015 filed by Changwon District Court D (former Co., Ltd. E; hereinafter “D”) against C (former Co., Ltd. F; hereinafter “C”) with the indication of the claim was awarded a favorable judgment by D on January 14, 2015, and the Defendant is the successor of D.
C On October 31, 2016, based on the executory conclusion of a decision on the amount of litigation costs determined by Changwon District Court Decision 2016Ka10253, the Plaintiff received a seizure and collection order (Seoul Central District Court Decision 2016 Ta10701, 201) as to the claim against the Republic of Korea as to the claim amount of KRW 38,674,201 deposited by the Plaintiff to the Republic of Korea as Seoul Central District Court 2016Ka13236 (hereinafter “instant deposit”).
C recovered KRW 38,674,201 out of the instant deposit based on the order of seizure and collection.
On January 26, 2017, the Defendant was issued a seizure and collection order (hereinafter “the seizure and collection order of the instant claim”) regarding the instant claim against C to the Republic of Korea based on the executory exemplification of the judgment demanding a loan claim by Changwon District Court 2013Kahap6544, which is based on the executory exemplification of the judgment demanding a loan.
(C) The judgment of the court below in light of the above legal principles and records is justifiable. In so doing, it is so decided as per Disposition by the assent of all participating Justices, except as otherwise alleged in the ground of appeal, contrary to what is alleged in the ground of appeal.
Since it is difficult for the Plaintiff, who is the depositor of the instant deposit due to the instant seizure and collection order, to recover the deposit, the Plaintiff shall be disqualified from compulsory execution on the attached list based on the instant seizure and collection order.
2. Article 208 (3) 3 of the Civil Procedure Act: