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1. The Defendant’s enforcement of the Seoul Central District Court Decision 2013Gahap44350 Decided August 20, 2013 against the Plaintiffs.
Reasons
1. Basic facts
A. As Nonparty E died on April 6, 2013, the Plaintiffs, the inheritor of E, filed a qualified acceptance report with the Seoul Family Court Decision 2013Ra435 on May 15, 2013, and received the said report from the said court on July 5, 2013.
B. On July 31, 2014, the Defendant filed a lawsuit seeking the return of the loan to the Plaintiffs. The Seoul High Court Decision 2013Na57407 decided on July 31, 2014, and the judgment became final and conclusive on November 13, 2014, stating that “within the scope of the property inherited from the network E, Plaintiff A shall pay 48,857,14 won per annum from August 1, 2013 to July 31, 2014, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).
C. On September 23, 2013, based on the instant judgment, the Defendant requested the Seoul Central District Court 2013TT 30272 to issue a provisional seizure and collection order against each of the claims listed in the separate sheet 1, and received a seizure and collection order (hereinafter “instant seizure and collection order”) from the above court on September 23, 2013. On October 17, 2013, the Defendant applied for a seizure and collection order against each of the claims listed in the separate sheet 2 to the same court 2013T 32744 and received a seizure and collection order (hereinafter “instant seizure and collection order”).
On September 27, 2013, the Defendant collected KRW 18,001,471 based on the instant order of seizure and collection (i.e., F account KRW 8,442,306 G account 9,559,165), from the corporate bank account under the Plaintiff’s name (H)’s order of seizure and collection, and collected KRW 2,366,262 based on the instant order of seizure and collection from the national bank account under the Plaintiff’s name (H) on October 24, 2013.
[Ground of recognition] Facts without dispute, Gap 1 through 3, 5 through 8, Eul 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the third party's claim
(a)the cause of the claim;