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1. Compulsory execution against the Defendant’s Plaintiff based on the Seoul Central District Court Decision 2017Na71477 Decided November 16, 2018.
Reasons
1. Basic facts
A. A limited liability company C (hereinafter “C”) filed a lawsuit against the Plaintiff against the Seoul Central District Court 2016da55808 against the Plaintiff, but lost the claim for the payment of goods. C appealed appealed against the judgment of the first instance court, and the Defendant is the succeeding intervenor C in the appellate trial.
B. In the case of Seoul Central District Court 2017Na71477, the appellate court rendered a judgment on November 16, 2018 that “the Plaintiff shall pay to the Defendant the amount of KRW 174,871,554 and the amount calculated at the rate of 6% per annum from November 14, 2017 to November 16, 2018, and 15% per annum from the next day to the date of full payment,” and the above judgment was finalized on December 11, 2018.
C. On February 11, 2019, March 14, 2019, and March 27, 2019, the Plaintiff urged the Defendant to pay the instant judgment amount, but the Defendant did not indicate any intent of repayment.
On April 1, 2019, the Plaintiff deposited KRW 195,223,728 to the Seoul Central District Court in accordance with Article 248(1) of the Civil Execution Act, while the details of attachment, such as the attachment stated in the attachment, were found, and the distribution procedure was initiated as D to the same court.
E. On May 24, 2019, the Plaintiff applied for a collection order for the seizure and collection order against the Defendant and the garnishee to E (the executive authority appears to be the judgment of this case). The above seizure and collection order for the said claims were quoted on May 30, 2019, and were served to E on June 4, 2019.
[Reasons for Recognition] Unsatisfy, Gap's 1-7 evidence, Eul's 1-4 evidence (including branch numbers), the purport of the whole pleadings
2. Determination
A. In the case of a seizure competition agreement, the creditor collecting the claim upon receiving a collection order is a kind of collection agency according to the authorization of the court of execution and collects the claim from the third debtor for all creditors taking part in the seizure or distribution. Therefore, if the third debtor performs the debt to the legitimate collection authority, the effect shall affect all creditors in the relation of the seizure competition.