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(영문) 서울중앙지방법원 2021.01.28 2019가단5227247
청구이의
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendant and C filed a lawsuit against the Plaintiff seeking the payment of the loan under the Seoul Central District Court 2016 Gohap35067.

On July 25, 2018, the above court rendered a judgment that “the Plaintiff shall pay to the Defendant and C the amount of KRW 67,500,000 each and the amount calculated at the rate of 24% per annum from April 1, 2013 to the date of full payment (hereinafter “instant judgment”).” The instant judgment became final and conclusive after the appellate court and the appellate court.

B. The Defendant applied for a compulsory auction (hereinafter “instant auction case”) with respect to real estate located in the Gu government-si D, the Plaintiff owned as the title of enforcement, and reported the principal and interest claim of this case to the above auction court as KRW 172,578,688.

(c)

On December 17, 2018, the Plaintiff deposited each of the KRW 100 million as the deposit official of the Seoul Central District Court No. 31072 in 2018 and No. 31073 in 2018 to the deposit official of the Seoul Central District Court (hereinafter “instant deposit”).

(d)

On June 3, 2019, the Defendant and C received a seizure and collection order (hereinafter “instant seizure and collection order”) as to the Plaintiff’s right to claim the instant deposit and the interest thereon from the Suwon District Court, under the title of enforcement on June 3, 2019, with KRW 334,897,594 (i.e., KRW 167,48,797; KRW 167,448,797; KRW 167,797).

E. On September 24, 2019, the Defendant collected KRW 100,227,972, based on the seizure and collection order of the instant claim, as well as the principal and interest on the instant deposit.

F. Since then, the distribution court of the auction case of this case shall order 1,126,285,603 won out of 101,772,668 won out of the amount to be actually distributed at the date of open distribution on September 25, 2019 to FF association as the holder of the right of interest, and 172,578,578.

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