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(영문) 서울중앙지방법원 2015.09.18 2015가합4585
추심금
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 21, 2004, the Plaintiff filed a lawsuit for divorce, consolation money, and division of property against Nonparty C with Seoul Family Court Decision 2004Dhap11094, and rendered a judgment with the Defendant that “the Plaintiff is divorced with the Defendant. The Defendant received a partial winning judgment against the Plaintiff to the effect that “the Plaintiff shall pay consolation money and delay damages, property division amounting to KRW 30 million, KRW 180,000,000, KRW 1800,000,000, and delay damages.” The Defendant appealed against the consolation money and property division in the above judgment and appealed as Seoul High Court Decision 2006Ra524, and the part of property division is modified. The Defendant paid to the Plaintiff the amount of property division of KRW 200,000,000 and the amount to be paid at the rate of 5% per annum from the day following the date on which the judgment at the trial becomes final and conclusive to the day of complete payment

hereinafter referred to as "each of the above judgments" is referred to as "C-related judgments"

(B) On December 27, 2010, the Plaintiff filed an application for a seizure and collection order under the Incheon District Court No. 201TT No. 1814 (attached Form 1) with the title of execution; the amount of the claim is KRW 77,60,000; and the Plaintiff filed an application for a seizure and collection order under the Incheon District Court No. 201T No. 1814 (attached Form 1); and as a result, the appeal court revoked the above decision on March 7, 201 and issued a collection order against the Defendant of C (as to the claims stated in the attached Table 1, hereinafter referred to as “prior seizure and collection order”).

A) The original copy of the above decision was delivered to the Defendant on March 11, 201, and around that time, the seizure and collection order of this case became final and conclusive as is. The Defendant of the claim shall pay to the Plaintiff the amount calculated by applying the rate of 20% per annum from March 12, 2011 to the day of complete payment. C, the husband of the Plaintiff, who was the husband of the claim, is the Plaintiff, from January 7, 2004 to March 21, 2005, the amount of money calculated at the rate of 77,600,000 won and 20% per annum from March 12, 2011.

A total of KRW 208,970,000 was remitted.

However, C is obliged to pay to the defendant.

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