beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 31, 2013, the Defendant filed a lawsuit against C as Seoul Eastern District Court 2013 Ghana13523 against C, and was sentenced to the judgment that “C shall pay to the Defendant the amount calculated at the rate of 20% per annum from August 23, 2013 to the date of full payment” (hereinafter “the final judgment of this case”) with respect to KRW 8,992,072 and the amount calculated at the rate of 20% per annum from August 23, 2013 to the date of full payment.
The above judgment became final and conclusive around that time.
B. On the other hand, on January 9, 2013, which was before the filing of the lawsuit, the Defendant: (a) as Seoul Eastern District Court 2012Kadan1216, the obligor C and C were the obligor as the credit payment claim against the Plaintiff and C; and (b) received a provisional seizure order against the Defendant’s claim amounting to KRW 8,92,072 as the goods payment claim against C; and (c) around that time, the said decision was served on the Plaintiff; (d) the Defendant was issued the final judgment of this case, and accordingly, (e) was issued a decision of seizure and collection order (hereinafter “instant collection order”) with the Seoul East Eastern District Court 2014TTT849, which granted the right to collect the seized claim, and (e) the said decision was served on the Plaintiff at that time.
C. The Defendant filed a lawsuit against the Plaintiff on the claim for the collection amount under Seoul East Eastern District Court 2014 Ghana16000, and on September 25, 2014, the conciliation was concluded that “the Plaintiff shall pay 8.5 million won to the Defendant by October 15, 2014. If the Defendant fails to pay the said money by the payment date, the unpaid amount and the damages for delay calculated at the rate of 20% per annum from the day following the payment date to the day of full payment” (hereinafter in this case, the conciliation protocol stating the above conciliation clause referred to as “instant conciliation protocol”).
However, the Plaintiff paid to the Defendant the amount under the instant protocol of mediation.