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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2014.08.21 2014가단16972
청구이의
Text

1. The defendant's decision is based on the Seoul Northern District Court Decision 2008Gahap4227 decided Dec. 24, 2009.

Reasons

1. Facts of recognition;

A. The defendant filed a lawsuit against the plaintiff as Seoul Northern District Court 2008Gahap4227, and the above court rendered a judgment on December 24, 2009 that "the defendant shall pay to the plaintiff 15 million won and the amount equivalent to 5% per annum from March 26, 2003 to December 24, 2009, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on October 17, 2013.

(hereinafter “instant judgment”). (b)

The Defendant filed an application for a seizure and collection order (hereinafter “instant seizure and collection order”) with the claim amounting to KRW 15 million and delay damages of KRW 16,500,000,000,000 based on the instant judgment as the total of KRW 31,50,000 as the claim amount. Accordingly, the above seizure and collection order was decided on November 28, 2013, and around that time, the above seizure and collection order was served on the Gyeongnam Bank, the National Bank, the Korean Bank, and the New Bank, the Co.,, Ltd., the debtor, and the new bank, each of which are the third debtor.

C. According to the instant order of seizure and collection, Gyeongnam Bank paid KRW 10,497,00 to the Defendant on December 23, 2013; KRW 5,687,510 to the Defendant on February 14, 2014; KRW 7 million to the Defendant on February 18, 2014; and KRW 6,98,000 to the Defendant on March 11, 2014 to the National Bank.

After that, on April 29, 2014, the Plaintiff paid KRW 1,320,490 and KRW 100,000 to the Defendant by account transfer.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings

2. Determination as to the claim

A. The Plaintiff’s assertion is that compulsory execution based on the instant judgment should be denied, since the Plaintiff fully pays to the Defendant the sum of KRW 31,50,000,000 based on the instant judgment.

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