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1. The defendant's claim against the plaintiff is a substitute for the conciliation of the collection amount of Seoul Central District Court 2009Kadan221.
Reasons
1. Basic facts
A. The Defendant’s claim 1) The Defendant and the Nonparty D asserted as the obligee against the Plaintiff against Nonparty C received the obligor’s third obligor C’s claim against the Plaintiff, subject to a seizure and collection order. The Seoul Central District Court 2009Gadan209221 (hereinafter “previous lawsuit”) against the Plaintiff.
(2) On October 13, 2009, the above court filed a lawsuit, and on October 13, 2009, the above court made a decision in lieu of conciliation that "the plaintiff shall pay to D KRW 35,400,000,000 to the defendant, and 31,000,000 to the defendant until December 31, 2009: Provided, That where the plaintiff delays the payment of the above amount, the court shall pay the unpaid amount plus damages for delay at the rate of 20% per annum from the day after delay until the day of complete payment (hereinafter "voluntary conciliation of this case").
(2) Around April 19, 2010, the instant compulsory adjustment became final and conclusive. (2) The Defendant acquired from D claims, such as KRW 20,400,000 based on the instant compulsory adjustment, interest thereon, and litigation costs, against the Plaintiff. On December 8, 2010, the court succeeded to the execution clause with respect to “20,400,000 won and interest thereon at the rate of 20% per annum from January 1, 2010 to the date of full payment.”
B. On December 1, 2010, the Plaintiff paid 10,000,000 won to the Defendant respectively on April 16, 2011, and the Defendant appropriated 31,000,000,000 won based on the compulsory adjustment period and 20,400,000 won based on the above succession execution clause as the claim claim, and accordingly, on August 28, 201, the Plaintiff applied for compulsory auction on the real estate owned by the Plaintiff.
3. Thereafter, on March 2, 2015, the Plaintiff rendered the Defendant as the principal deposit in the Seoul Southern District Court No. 1054 of 2015, the said KRW 37,400,000 and the said KRW.