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(영문) 인천지방법원 2014.09.04 2013가합21198
공탁의무이행
Text

1. The defendant shall set forth the collection amount of KRW 19,260,713 according to the collection order and seizure of the claim and collection order, which is set forth in the Suwon District Court's Ansan Branch.

Reasons

1. Basic facts

A. On August 22, 2012, the Plaintiff: (a) filed an application for the seizure and collection order of the claim with the amount of KRW 201,612,536 out of the damage claim that B owns in respect of the company Twecers (hereinafter “ Twecers”) according to the Seoul Eastern District Court Decision 2012Kahap10766, the Seoul Central District Court rendered an application for the seizure and collection order of the claim on August 22, 2012; (b) Suwon District Court rendered the seizure and collection order of the claim on August 22, 2012 as the head of Suwon District Court issued the seizure and collection order of the claim with the head of Suwon District Court No. 2012ta12435, Aug. 27, 2012; and (c) the seizure and collection order of the above claim were served on the Twecers, a debtor, the garnishee on August 3, 2012.

B. On December 6, 2012, the Defendant: (a) filed an application for the seizure and collection order of the claim amount of KRW 19,157,528 among the damage claims against the diskettes master in accordance with the judgment of Seoul Eastern District Court 2012Kahap10766; (b) the Suwon District Court issued the seizure and collection order of the claim (hereinafter “the instant collection order”) with the Suwon District Court No. 2012TTTTTTTT No. 2018473 on December 21, 2012; and (c) on December 27, 2012, the instant collection order was served on the pocket master, the debtor of the instant case.

C. On May 28, 2013, Seoul East Eastern District Court decided to recommend reconciliation that “Tmonter shall pay to B KRW 35,000,000 and 10% per annum from the day following the day when the decision to recommend reconciliation of this case is confirmed to complete payment,” and the above decision became final and conclusive around that time.

(hereinafter referred to as "mortgaged claim of this case").

On May 20, 2013, the Defendant filed a lawsuit against the twitmon masters to the Incheon District Court. The Defendant paid KRW 19,260,713 to the Defendant on July 26, 2013, and the Defendant paid KRW 19,260,713 to the Defendant.

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