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1. The Defendant’s decision is based on the Seoul Western District Court Decision 201Gadan57305 Decided May 16, 2012.
Reasons
1. Basic facts
A. On April 16, 2009, D leased a building listed in the attached list (hereinafter “instant building”) from the Plaintiffs as to KRW 100 million, KRW 100 million per month, and KRW 100 million per month, and the lease term from May 25, 2009 to May 30, 201 (hereinafter “instant lease contract”). At that time, D paid KRW 100 million to the Plaintiffs.
B. On July 16, 2010, the Defendant filed a loan claim lawsuit against D as the Daegu District Court 2010Kadan45651, and was sentenced by the above court on February 9, 2011 that “D shall pay to the Defendant the amount calculated at the rate of 30% per annum from May 24, 2009 for KRW 32 million and KRW 20 million from among them, and from January 19, 2010 for KRW 12 million to the date of full payment.”
C. On September 2, 2010, the Defendant was rendered a decision of provisional seizure of claim regarding the amount of KRW 32 million among the claim for refund of lease deposit under the instant lease agreement that D had against the Plaintiffs, as Daegu District Court Decision 2010Kadan8000, supra.
Based on the judgment of the court of first instance on March 11, 201, the Defendant transferred the provisional seizure order of the above claim to the Daegu District Court 201TTT4287 on March 11, 201, and additionally seized KRW 14,465,752 out of the lease deposit repayment claims against the Plaintiffs D, and received a collection order and seizure of the above seized amount (= KRW 46,465,752 (= KRW 32,000 KRW 14,465,752).
(hereinafter “instant collection order”). The instant collection order was served on March 11, 201 on the Plaintiffs.
E. On September 18, 201, based on the collection order of this case, the Defendant filed a lawsuit against the Plaintiffs on September 18, 201 against Seoul Western District Court 201Kadan57305, and the said court rendered a judgment on May 16, 2012 that “The Plaintiff would deliver the instant building from D and simultaneously pay the Defendant KRW 23,232,876 (= KRW 46,465,752 x 1/2)” (hereinafter “the subject judgment”), and the subject judgment at that time.