beta
Text
1. Compulsory execution against the Defendant’s Plaintiff by the Incheon District Court Decision 2014Da72479 Decided July 15, 2015 is 10,243.
Reasons
1. Facts of recognition;
A. The Defendant’s claim for construction price and its attachment against the Plaintiff (i.e., the Defendant filed a lawsuit against the Plaintiff for the claim for construction price under Incheon District Court Decision 2014Da72479, Jul. 15, 2015, and the judgment became final and conclusive on July 15, 2015, stating that “the Plaintiff shall pay to the Defendant the amount of KRW 22,50,000 and the interest calculated at the rate of 20% per annum from November 20, 2014 to the date of full payment.”
(2) The Plaintiff’s debt owed to the Defendant based on the above judgment (hereinafter “instant debt”) was seized and collected as to KRW 25,68,493 ( principal KRW 2.5 million and interest KRW 3,168,493 until August 3, 2015) among the deposit claims that the Plaintiff possessed against the Industrial Bank of Korea under the Incheon District Court 2015TTT21747 with the title of execution of the instant judgment as the title of execution.
Article 22 of the Civil Procedure Act (No. 7107 of Incheon District Court Decision 2015Kadan217) provides that the Plaintiff deposited KRW 22,50,00 as security for the suspension of execution (No. 7107 of Incheon District Court Decision 2015Dadan217) in the case of suspension of execution against the seizure and collection order.
B. On June 24, 2016, the Incheon District Court issued a seizure and collection order as to the claim for the collection of deposit money under Article 7107 of the Incheon District Court, which the Plaintiff owned against the Republic of Korea, as the title of the instant judgment, on June 24, 2016, on the part of the Defendant’s creditor, as to the claim for the collection of deposit money under Article 7107 of the Incheon District Court, which was owned by the Plaintiff against the Republic of Korea.
Since Sheshe received a decision to revoke security, the Incheon District Court 2016Kadan936 on behalf of the defendant, and on January 6, 2017, issued a decision to revoke security that "the security of KRW 22,500,000 deposited with the Incheon District Court Deposit Manager No. 7107 as of August 18, 2015 by the secured party (the plaintiff) with respect to the case of applying for the suspension of compulsory execution with the Incheon District Court 2015Kadan217."
Article 2(1) of the Act