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1. The Defendant’s KRW 60,847,578 as well as the Plaintiff’s KRW 5% per annum from August 10, 2015 to May 17, 2016.
Reasons
1. Basic facts
A. On October 2, 2014, the Defendant filed a claim for damages against the Plaintiff by Busan District Court Decision 2012Gahap12750, the Plaintiff was sentenced to the Defendant to pay KRW 56,264,164 and damages incurred therefrom (hereinafter “instant judgment”), and the Plaintiff appealed against this.
B. On July 27, 2012, as Busan District Court Decision 2012Kadan7238, A received a decision on provisional seizure of the Defendant’s claim against the Plaintiff (hereinafter “instant claim”) on July 27, 2012, and the said decision was served on the Plaintiff on July 31, 2012.
C. B also received the decision of provisional seizure against the instant claim by Busan District Court 2012Kadan10210 on October 11, 2012, and that decision was served on the Plaintiff on October 15, 2012. Likewise, the decision of provisional seizure against the instant claim by Busan District Court 2013Kahap538 on April 3, 2013 was rendered, and that decision was served on the Plaintiff on April 8, 2013.
B, on June 11, 2013, with the amount claimed by Busan District Court 2013TTT12098, as KRW 277,697,260, the provisional attachment was to be transferred to the original attachment. The decision was served on the Plaintiff on June 13, 2013. On August 1, 2014, with the amount claimed by Busan District Court 2014TTT19589, the amount claimed as KRW 376,363,012 was to be transferred to the original attachment, and the decision was served on the Plaintiff on August 1, 2014.
E. However, even though the instant claim is prohibited from being disposed of or received according to the foregoing provisional seizure and seizure order, the Defendant received a claim amounting to KRW 60,847,578 with regard to the instant claim that the Plaintiff received from the new card company, non-SC card company, KB card company, KB National Card company, Hyundai Card company, and Samsung Card Co., Ltd. on February 24, 2015 due to provisional execution of the instant judgment, and received a seizure and collection order with the Busan District Court 2015TT44.