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1. The Defendant’s KRW 56,505,205 as well as the Plaintiff’s annual rate of 5% from June 3, 2014 to November 3, 2014.
Reasons
1. Basic facts
A. The Seoul Southern District Court Decision 2012Gahap15627 Decided October 26, 2012 (hereinafter “the final judgment of this case”) that ordered C to pay damages for delay for KRW 320 million and KRW 300 million out of the above money to the Defendant was rendered final and conclusive on October 17, 2013, and rendered a judgment dismissing the Defendant’s appeal against the Defendant’s appeal.
B. On December 3, 2013, the Plaintiff was issued a ruling of provisional seizure of claims against the debtor C, the garnishee, the claim amounting to KRW 55 million, and the claim based on the final judgment of the instant claim subject to seizure.
C. The High Court Decision 2013Gadan29038 Decided December 18, 2013, which ordered the Plaintiff to pay KRW 51 million and delay damages therefor, was finalized on January 4, 2014. Accordingly, the Plaintiff, on May 30, 2014, issued the order of provisional seizure and collection (hereinafter “instant seizure and collection”) with respect to the claims based on the final and conclusive judgment of this case, 55 million out of KRW 56,505,205,05, and 1505,205, issued the order of provisional seizure and collection (hereinafter “instant seizure and collection”) with respect to the remainder of KRW 1,505,205. The instant order of seizure and collection was served on the Defendant on June 2, 2014.
【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 7 (including virtual numbers) and the purport of the whole pleading
2. Determination
A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 56,505,205 won of the seizure and collection amount of this case and damages for delay at each rate of 5% per annum prescribed by the Civil Act from June 3, 2014 to November 3, 2014, the delivery date of a copy of the complaint of this case, from June 3, 2014, which is the day following the delivery date of the seizure and collection order of this case, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
B. The defendant's judgment on the defendant's assertion is forged.