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1. The Defendant shall pay to the Plaintiff KRW 800,000,000 and the interest rate of KRW 15% per annum from November 21, 2017 to the date of full payment.
Reasons
1. Facts of recognition;
A. On July 20, 2012, the Incheon District Court rendered a judgment that “The Defendant shall pay C 980,000,000 won and interest thereon at the rate of 5% per annum from January 21, 2012 to July 20, 2012, and 20% per annum from the next day to the day of full payment,” and the Seoul High Court dismissed the Defendant’s appeal (Seoul High Court 2012Na67612), and the Defendant’s appeal (Supreme Court 2013Da45426) was withdrawn on December 4, 2013 while the final appeal is pending.”
B. The Plaintiff’s claim against C filed a lawsuit against C with the Incheon District Court No. 2012Gahap14155, Nov. 27, 2012, the Incheon District Court rendered a decision in lieu of the conciliation that “C would pay to the Plaintiff the amount of KRW 1,00,000,000 and damages for delay calculated at the rate of 24% per annum from May 1, 2011 to the date of full payment. The decision in lieu of the conciliation became final and conclusive on December 15, 2012.
C. The Plaintiff’s claim provisional seizure Plaintiff filed an application for provisional seizure of claim amounting to KRW 1,00,00,000 among the claim amount in Incheon District Court Decision 201Gahap5208, which C had against the Defendant based on the original copy of the decision in lieu of the above conciliation, until it reaches the claim amounting to KRW 1,00,000,000. On August 29, 2012, Incheon District Court Decision 201Kahap1359, which received the provisional seizure order of claim, and the above provisional seizure order of claim was served on the Defendant, who is the garnishee on September 4, 2012.
The plaintiff requested the Incheon District Court 2015TTT17925 to seize and order the provisional seizure of the above claim. On June 26, 2015, the provisional seizure of KRW 1,000,000 is transferred to the original seizure. On June 26, 2015, the provisional seizure of KRW 990,246,575 is transferred to the original seizure.