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(영문) 광주지방법원목포지원 2019.06.18 2018가합11560
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 15, 1994, the Plaintiff: (a) caused an accident involving a motor vehicle driven by C while driving the Oral Ba in a drinking condition; (b) caused the injury to D, such as the said Oral gate, to those who boarded the lower part of the said Oral gate.

By July 9, 1997, the defendant, who is an insurance company of automobile C driving, paid insurance proceeds of KRW 250,897,760 to D.

B. On March 29, 2001, the defendant filed a lawsuit against the plaintiff and rendered a judgment ordering the plaintiff to pay the defendant 250,897,760 won with 5% interest per annum from July 10, 1997 to February 13, 2001 and 25% interest per annum from the next day to the date of complete payment.

(C) The compensation amount was determined on April 20, 2001. The compensation amount was determined on March 20, 2001. The compensation amount was determined on April 20, 2001.

C. On August 22, 2011, the Defendant applied for a new payment order against the Plaintiff, ordering payment in the instant judgment on the indemnity amount, and received the payment order from the Gwangju District Court 201Guj1786 on August 29, 2011.

(hereinafter “instant payment order”). The instant payment order was served on September 2, 201 on the Plaintiff, and was finalized on September 17, 201 due to the Plaintiff’s failure to raise an objection.

On February 19, 2014, the Defendant issued a seizure and collection order with respect to the Plaintiff’s deposit, etc. and benefit claim against E, etc., and the Plaintiff’s payment claim against E, etc., as the claim claim amounting to KRW 1,065,826,687 from July 10, 197 to February 5, 2014, with respect to the principal and interest thereon under the instant payment order, and the interest or delay damages from July 10, 2017 to February 5, 2014.

(hereinafter “instant claim seizure and collection order”). The instant claim seizure and collection order was served on the Plaintiff and the third obligor at that time.

E. The Defendant totaled from April 2, 2014 to February 27, 2019 according to the collection order and seizure of the instant claim.

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