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(영문) 울산지방법원 2020.02.20 2019가단115562
청구이의
Text

1. Ulsan District Court Decision 2018Na20590 decided June 27, 2019 (the principal lawsuit), and 2018Na20606 (Counterclaim) against the Defendant’s Plaintiff.

Reasons

1. Basic facts

A. From the Ulsan District Court case 2018Na20590 (principal lawsuit) and the 2018Na20606 (Counterclaim) case (hereinafter “instant enforcement title”), a judgment was rendered on June 27, 2019 with the following contents, and the said judgment became final and conclusive as it did not file an appeal against the Plaintiff and the Defendant.

(1) The Plaintiff shall pay to the Defendant 34,592,926 won with 5% interest per annum from March 9, 2017 to June 27, 2019, and 15% interest per annum from the next day to the day of full payment.

(2) The Defendant shall pay to the Plaintiff 13,280,000 won with 5% interest per annum from August 27, 2016 to June 27, 2019, and 15% interest per annum from the next day to the day of complete payment.

(3) The defendant's remaining main claim and the plaintiff's remaining main claim are dismissed, respectively.

B. On March 9, 2018, the Defendant collected KRW 989,198 from the Plaintiff based on the provisional execution of the judgment of the first instance court of the instant title.

(2018TTT 2373). (C) The court shall issue a collection order.

Based on the provisional execution of the judgment of the first instance court of the instant title, the Plaintiff received dividends of KRW 10,937,273 in the instant court C dividend procedure on April 30, 2018.

D filed an application for a seizure and collection order with the debtor as the defendant and the third debtor as the plaintiff. The court rendered a seizure and collection order with the amount claimed as KRW 43,789,481 on July 8, 2019, with the amount claimed as KRW 43,789,481 on the part of 2019.

On July 11, 2019, the above seizure and collection order was served on the Plaintiff and confirmed.

E. As of July 11, 2019, the Plaintiff paid KRW 34,110,03 remaining after offsetting the Plaintiff’s claim against the Defendant based on the instant enforcement title against the Defendant and KRW 37,786,082 against the Defendant’s claim against the Plaintiff on an equal amount, and KRW 34,123,982, which is the sum of KRW 13,979 per day interest thereon, to D on July 12, 2019.

[Ground of recognition] Each entry and pleading of Gap 1 through 9 (including paper numbers).

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