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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On June 30, 2011, the Plaintiff filed an application with the Seoul Central District Court (201j. 52101) for a payment order of KRW 28,000,000 against C seeking a payment order, and received a payment order from the above court. The said payment order was finalized on September 7, 2011.
(hereinafter “instant payment order”). B.
C filed a lawsuit with the Seoul Central District Court (2012Gahap5959) seeking the return of custody money against the Defendant. After the judgment of the first instance court was rendered, the said lawsuit was concluded after a mediation was concluded that “The Defendant shall pay KRW 190,000,000 to the Plaintiff (C means the Plaintiff) on November 7, 2013, in the case of Seoul High Court 2013Na39171, which was appealed by C and the Defendant, on November 7, 2013, on condition that “the Defendant shall pay KRW 50,000,000 to the Plaintiff (C means the Plaintiff), and the remaining KRW 14,00,000 among them shall be paid until November 27, 2013, and until January 15, 2014.”
(hereinafter referred to as “instant claim against the Defendant for which the conciliation was completed” C.
On March 20, 2013, the Plaintiff received a claim attachment and collection order (hereinafter “instant collection order”) under the Seoul Central District Court No. 2013TT No. 2013, Jul. 18, 2013, regarding KRW 36,576,438 among the claims to be paid by the Defendant due to the instant Seoul Central District Court No. 2012, 5959. The instant collection order was served by means of service by public notice to the Defendant on July 18, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, and 25, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendant shall pay to the plaintiff 36,576,438 won among the claims for the custody of this case which C had against the defendant and damages for delay at the rate of 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from April 1, 2014 to the date of full payment, as requested by the plaintiff.