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(영문) 수원지방법원 안양지원 2017.01.11 2016가단2978
집행문부여
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The conciliation was concluded on October 12, 2010 in the instant court 2009Gahap7125, which the Plaintiff filed against the Defendant, and the content of the conciliation clause(1) (hereinafter “instant conciliation clause”) is as follows.

The defendant shall pay 125,00,000 won (including surtax) to the plaintiff, but the time of payment shall be the immediately after receiving the judgment amounting to 2009Gahap45738 from the Seoul Central District Court.

The above Seoul Central District Court case No. 2009Gahap45738 was the construction cost case filed by the defendant et al. against the City/Do grant event (hereinafter "non-party company"). On June 10, 2011, the judgment of the court below that "the non-party company shall pay to the defendant the amount of KRW 991,255,912 and delay damages" was rendered (hereinafter "the judgment of the first instance court of the relevant case"). On February 13, 2014, Seoul High Court Decision 201Na4945, Seoul High Court Decision 2011Na4945, Seoul High Court Decision 2011 or 2014, "the non-party company shall pay the defendant the amount of KRW 872,791,338 and delay damages to the defendant" (hereinafter "relevant appellate court

On the other hand, the non-party company deposited KRW 400 million as a security to suspend compulsory execution on July 11, 2011 (Seoul Central District Court No. 201Kadan4537) in the case of suspending compulsory execution (Seoul Central District Court No. 2011) of the judgment of the court of first instance on the above related case.

On January 8, 2015, the defendant et al. received a seizure and collection order (Seoul Central District Court 2015TTT259) against the Republic of Korea of the non-party company on January 8, 2015, and thereafter, on September 14, 2015, upon the application of the defendant et al., the Seoul Central District Court rendered a decision to cancel the security (Seoul Central District Court 2014Chap30685) on the deposit money.

On the other hand, on June 9, 2015, with respect to the above deposit withdrawn claim, the Plaintiff received a decision on provisional seizure of claim amounting to KRW 12.5 million among the Defendant’s claims against Korea (Seoul Central District Court 2015Kadan804846).

With respect to the above 400 million won deposit withdrawn claim, the seizure and collection order are concurrent.

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