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(영문) 광주지방법원 2020.02.13 2019가합57546
청구이의
Text

1. Compulsory execution by the Defendant’s Gwangju District Court Decision 2014Gahap6147 Decided November 21, 2014 against the Plaintiff is a compulsory execution based on the Defendant’s decision on November 21, 2014.

Reasons

1. Basic facts

A. On July 28, 2014, the Defendant received a decision of provisional seizure on the claims held by the Promotion Committee of Gwangju District Court 2014Kahap540 as the debtor at KRW 205,474,170 with the amount of claims claimed as KRW 205,474,170.

B. In the case of a claim for service payment filed by the Defendant against the Promotion Committee of this case as the Gwangju District Court 2014Gahap6147, Nov. 21, 2014, the same court sentenced the Defendant to a provisional execution sentence stating that “The Promotion Committee of this case shall pay the principal amount of KRW 205,474,170 (hereinafter “the instant Promotion Committee”) and the amount equivalent to 20% per annum from August 27, 2014 to the date of full payment (hereinafter “the instant damages for delay”) to the Defendant,” and the said judgment became final and conclusive around that time.

(hereinafter “instant judgment”). C.

According to the above judgment, the Defendant filed an application for the seizure collection order and additional damages for delay with respect to the claims that transfer the above provisional seizure to the Gwangju District Court, and the above court issued the seizure and collection order with respect to the claims that transfer the provisional seizure to the main seizure, and the 11,709,212 won (the damages calculated at the rate of 20% per annum from August 27, 2014 to December 8, 2014) (the damages for delay calculated at the rate of 20% per annum from August 27, 2014 to December 27, 2014) with respect to the claims that the Promotion Committee of this case owns to the C Association.

(B) The instant seizure and collection order was served on C Association, a third debtor, around that time. (C) The instant seizure and collection order was served.

On June 1, 2015, the Defendant received dividends of KRW 47,408,840 as a creditor by the decision of provisional seizure in the said provisional seizure procedure from the Gwangju District Court D distribution procedure.

E. The instant promotion committee obtained authorization to establish the association on May 28, 2019, and the Plaintiff on May 31, 2019.

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