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1. The Defendant’s compulsory execution against the Plaintiff on August 25, 2016, based on the payment order issued by the Cheongju District Court on August 25, 2016.
Reasons
1. Facts of recognition;
A. Party status 1) The Defendant’s final and conclusive judgment against C on “The amount of KRW 3.5 million and the amount of KRW 2 million among them shall be 5% per annum from November 8, 1999 to July 15, 2009, and damages for delay calculated at the rate of 20% per annum from the next day to the date of full payment (U.S. District Court Decision 2009Da3036, Jul. 23, 2009)” (hereinafter “instant claim”).
2) The Plaintiff is the owner of the housing and store with the second floor of the Heung-gu Seoul Metropolitan Government D with the view to making it possible for the Plaintiff to do so.
B. On June 29, 2016, the Defendant issued the instant order of payment based on the collection order and the collection order based on the judgment deposit claim. On June 29, 2016, the Defendant: (a) as the debtor Eul, the Plaintiff as the garnishee; and (b) as to “the amount up to KRW 7,200,000 among the claims to return the lease deposit which C has against the Plaintiff as to the first floor 102 store of the instant building (hereinafter “instant store”); and (c) upon the above collection order, the Defendant received the seizure and the collection order (Cheongju District Court 2016TTT 3809) on August 25, 2016, “The Plaintiff paid the Defendant KRW 7,200,000 out of the lease deposit that C would have received from the Plaintiff.”
(C) Upon receipt of the instant order for compulsory execution against the Plaintiff’s property based on the payment order, the Defendant received on October 14, 2016 the Plaintiff’s national bank, the new bank, the Nonghyup Bank, the Nonghyup Bank, and the Cheongju Central Credit Union (Cheongju District Court 2016TTTT 6387)’s seizure and collection order (Cheongju District Court 2016TT 6387). D. The Plaintiff leased the entire store of this case to E on December 5, 2015, from December 11, 2015 to December 11, 2016, with the period of lease fixed as KRW 2 million and KRW 2 million.
2 E shall be subject to May 9, 2016 to C.