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1. The defendant shall pay 320,000,000 won to the plaintiff and 20% per annum from November 29, 2014 to the day of full payment.
Reasons
1. Indication of claim;
A. On January 11, 2013, the Plaintiff, based on the original copy of a promissory note with the issuer D’s executory power, issued a collection order against D’s Defendant on January 25, 2013, based on the amount of KRW 320,00,000 at par value, and KRW 320,000,000, out of the property division claim pursuant to the Seoul Family Court Decision 2011Dhap696, the Seoul Family Court issued a collection order against D’s Defendant on January 25, 2013.
The above order of seizure and collection was served on February 1, 2013 on the defendant.
B. Therefore, the Defendant, the garnishee of the above seizure and collection order, is obligated to pay the Plaintiff, the collection right holder, the amount of KRW 320,000,000, and the damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 29, 2014 to the date of complete payment, which is the day following the delivery date of a copy of the complaint of this case.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. Some of the dismissal claims against the defendant from February 1, 2013, the delivery date of the above collection order, to November 28, 2014, the delivery date of a copy of the complaint in this case, against the defendant. Thus, the defendant's collection deposit obligation was delayed due to delay from the date following the date on which the copy of the complaint in this case was served to the defendant. Thus, the plaintiff's claim for this part is without merit.