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1. The Defendant’s KRW 620,659,811 as well as the Plaintiff’s KRW 15% per annum from May 28, 2019 to May 31, 2019.
Reasons
1. Indication of claim;
A. On April 30, 2009, 200, 300,000 won and damages for delay loans as loans 2009Gahap287, and C Co., Ltd. filed a favorable judgment on April 24, 2009 with loans 145,659,81 won and damages for delay as loans 2009Gahap294 with the same court of law as loans 175,659,81 won and damages for delay, and 2009Gahap300 with loans 175,000,50 won and damages for delay respectively, and the decisions were finalized on June 24, 2009.
B. The Plaintiff filed an application with the Daegu District Court for a payment order with B and C as the Daegu District Court Decision 2015 tea15Hu15871, and the said court ordered the payment order with respect to KRW 1,013,452,959 on December 15, 2015 and the delay damages thereon. The said payment order was finalized on January 5, 2016.
C. On November 19, 2018, the Plaintiff was determined to collect and seize the claim amount of 300,000,000 from the obligor B, the garnishee, the Defendant, the claim amount of 300,000,000 by the 2018TT branch office of the Gwangju District Court. The said decision was served on the Defendant on November 22, 2018.
In addition, on November 20, 2018, the Plaintiff received the order of seizure and collection from the debtor C Co., Ltd., the garnishee, the defendant, the defendant, the claim amount of 320,659,811, as Seoul East Eastern District Court Decision 2018TT61203, and the above order was served on the defendant on November 23, 2018.
Therefore, the Defendant is obligated to pay to the Plaintiff 620,659,81 won in total following the determination of each of the above claims seizure and collection orders, and to pay damages for delay at the rate of 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from May 28, 2019 to May 31, 2019, with a copy of the complaint of this case from May 28, 2019 to the day following the delivery of the copy of the complaint of this case.
Although the plaintiff claims the payment of KRW 620,660,311, the sum of the amounts according to the order of seizure and collection of the above bonds is 620,659.