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1. The Defendant shall pay to the Plaintiff KRW 48,38,630 and the interest rate of KRW 15% per annum from January 23, 2016 to the day of complete payment.
Reasons
1. The Defendant filed a lawsuit seeking damages against the Plaintiff as Seoul Central District Court 2012Gahap7941, and was sentenced to a declaration of provisional execution on July 26, 2013, stating that “The Plaintiff shall pay to the Defendant 59,224,256 won and interest calculated at the rate of 5% per annum from January 10 to July 26, 2013 and 20% per annum from the next day to the date of full payment.”
The Plaintiff and the Defendant appealed from Seoul High Court No. 2013Na55081, but was sentenced to dismissal of each appeal on November 20, 2014.
Each of the above judgments was finalized on December 12, 2014.
The Dado Electric Complex Co., Ltd., the defendant's creditor, filed a collection order with the Seoul Eastern District Court 2013TTT 6683, and received the decision of acceptance on April 22, 2013.
This was that the defendant was the debtor, the plaintiff was the third debtor, the claim amount was 48,338,630 won, and the claim amount was that "the defendant against the plaintiff in relation to the case of compensation for damages of 2012Gahap7941, Seoul Central District Court (including the above claim amount even in the case of appeal of the above case) until the defendant reached the above claim amount out of the payment that the defendant would receive from the plaintiff."
On April 25, 2013, the collection order was served on the Plaintiff, the garnishee, and was served on July 13, 2013 to the Defendant, the debtor, by public notice.
On September 4, 2013, the Defendant filed an application for compulsory execution against the Plaintiff’s movable property with the title of execution with the Seoul Central District Court Decision 2012Gahap7941 Decided the provisional execution sentence, and on September 24, 2013, the Plaintiff paid the Defendant KRW 62,77,696, total of the principal and interest based on the Seoul Central District Court Decision 2012Gahap7941 Decided the provisional execution sentence.
Dado Electrical Co., Ltd. filed a collection lawsuit claiming payment of KRW 48,338,630 based on the collection order of the Plaintiff as Seoul Central District Court Decision 2014Da243805 on November 24, 2014.
The plaintiff becomes final and conclusive in that case.