(영문) 서울중앙지방법원 2020.11.26 2020가단5129998

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(영문) 서울중앙지방법원 2020.11.26 2020가단5129998

청구이의

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1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. E Co., Ltd. (hereinafter “E”) filed a lawsuit against the Plaintiff for a loan claim with the Seoul Central District Court Decision 2008Da429158, Apr. 30, 2009, the said court rendered a judgment that “the Plaintiff shall pay to E the amount of KRW 199,965,695 and the amount of KRW 60,842,969 calculated at the rate of 20% per annum from April 4, 2009 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive on May 22, 2009.

B. On October 1, 2010, E issued a seizure and collection order (hereinafter “the first seizure and collection order”) against the above obligor and the third obligor, by designating the instant judgment as the executive title as the sum of the claims claim amounting to 216,401,631 won, the Plaintiff, and the third obligor F organization, etc., as the Seoul Eastern District Court 201, which were the sum of the claims amounting to 216,401,631 won, and the obligor and the third obligor, etc., and filed an application for the seizure and collection order. On October 1, 2010, the above court issued the seizure and collection order (hereinafter “the first seizure and collection order”) against the above obligor and the third obligor.

C. Subsequent, the claim regarding the instant judgment was transferred to the Defendant.

On January 15, 2019, the Plaintiff opened a deposit account (D) in his/her own name, and deposited KRW 30,000,000.

E. On February 5, 2020, the Defendant: (a) issued a seizure and collection order (hereinafter “the second seizure and collection order”) upon accepting the above application on February 5, 2020; (b) issued the second seizure and collection order (hereinafter “the second seizure and collection order”); and (c) around that time, the second seizure and collection order was served on the said debtor and the third debtor.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 9 (including each number), Eul evidence 1 and 2, the purport of the whole pleadings

2. This.

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