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(영문) 서울중앙지방법원 2016.08.18 2015가단5079259
예탁금반환등
Text

1. Defendant MManel Co., Ltd. shall be between the Plaintiff and the Defendants to Defendant Estea Evaluation Information Co., Ltd.

Reasons

1. The following facts may be found either in dispute between the Parties or in full view of each entry in Gap evidence 1 to 8 (including paper numbers) and the entire purport of the pleadings:

On February 25, 2013, Defendant MMael Co., Ltd. (hereinafter “Defendant A”) filed an application for a seizure and collection order against the Plaintiff and the title of debt with the executory power of the Seoul Central District Court 2012Kahap2564, the obligor B, the third obligor, and the title of debt with the Seoul Central District Court 2012Kahap2564. On April 1, 2013, the above order support was attached until the time of seizure and collection amounting to KRW 1,070,549,786 against the Plaintiff on March 16, 2013. The collection order was issued to the Defendant MManel Co., Ltd. (hereinafter “instant collection order”).

B. Based on the collection order of this case, Defendant Mmanel filed a lawsuit against the Plaintiff seeking payment of the amount to be collected by the Seoul Central District Court 2014Gahap8665, and the Seoul Central District Court sentenced the Plaintiff to the judgment on September 25, 2014 that “the Plaintiff shall pay the amount of KRW 142,00,000 and the amount of money calculated at the rate of 20% per annum from August 15, 2014 to the full payment date” (hereinafter “the judgment on the collection amount of this case”), which became final and conclusive.

C. Defendant MManel delegated the collection of the instant collection amount to Defendant Escar Evaluation Information Co., Ltd. according to the instant collection amount decision.

On November 26, 2014, the Plaintiff and the Defendants agreed as follows with respect to the payment of money according to the instant collection amount judgment:

(1) The Plaintiff pays KRW 71,000,000 to Defendant Melel Co., Ltd. by November 28, 2014, and Defendant KRW 71,000,000.

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