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(영문) 서울남부지방법원 2018.06.22 2017가단19344
제3자이의
Text

1. The Defendant’s Seoul Southern District Court 201Gadan43741 delivered an executory exemplification of the judgment against the Defendant C.

Reasons

1. Basic facts

A. D (hereinafter “D”) filed a lawsuit for damages as Seoul Central District Court Decision 2012Ga23734, supra, against D Co., Ltd. (hereinafter “E”) engaging in the sales business of the other date on December 26, 2012, asserting that KRW 106,753,600 was incurred due to the delay in the supply and delivery of the damaged date.

B. On the other hand, on December 30, 2012, C transferred “90,334,770 won out of claims against C out of unjust enrichment, damages, amount claimed for penalty, and amount claimed for the determination of litigation costs against E” (hereinafter “transfer of claims”) to the Plaintiff, who is the manager of C, who was the manager of C, who was the Plaintiff, by means of certified mail, and sent notice of the transfer to E on January 2, 2013.

C. D’s 1) On September 5, 2014, D’s 29,391,50 won (i.e., damage compensation of KRW 13,200,00 due to the supply of other days destroyed) from the Seoul Central District Court (i.e., 16,191,50 won for delay compensation of KRW 16,50) and its interest to D’s 6% per annum from September 2, 2010 to September 5, 2014, and 20% per annum from the next day to the day of full payment (i.e., payment) and D’s 20% per annum from the Seoul Central District Court (i.e., Supreme Court Decision 2015Na10150, Mar. 26, 2015) were handed down with the Supreme Court Decision 2015Da2716, Jan. 21, 2016.

The Defendant issued a collection order with respect to the Defendant’s claim attachment and collection order against C, the final and conclusive judgment of Seoul Southern District Court 201Da43741 Decided August 12, 201, as its executive title, and on May 20, 2016, the Seoul Southern District Court 2016 Ta7048 with respect to the claim for judgment against C (hereinafter “instant claim for judgment”).

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