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(영문) 인천지방법원 부천지원 2017.02.15 2016가합100675
청구이의
Text

1. Compulsory execution based on the Seoul High Court Order 2013B82 dated February 11, 2014 by the Defendants against the Plaintiff.

Reasons

1. Indication of claim;

A. The decision in Paragraph 1 of the Disposition against the Plaintiff by the Defendants, D, E, and F became final and conclusive on March 1, 2014.

B. The Defendants, D, E, and F selected the F as the designated party, and received the order of seizure and collection based on the authentic copy of the above decision from May 2014 to March 2016, and collected KRW 168,148,528 from May 2014 to March 2016, the Defendants collected KRW 33,629,705 ( KRW 168,148,528,528/5) from each of the 65,000 executive claims of the Defendants.

C. In addition, on May 30, 2014, the Plaintiff paid 369,538,980 won of inheritance tax imposed on the Plaintiff, Defendants, G, D, E, and F.

The Plaintiff, as a result of the service of the filing of an objection against the provisional attachment in Seoul High Court case 2014 businesshap9 and a duplicate of the complaint in this case, expressed to the Defendants, a joint obligor, a joint obligor, a set-off claim against the Defendants’ execution claim out of inheritance tax. Of Defendant B’s execution claim, KRW 30,931,068 and KRW 30,868,247 out of Defendant C’s execution claim and Defendant C’s execution claim were extinguished by each set-off.

Considering the parts that were extinguished by collection and offset as above, although Defendant B’s execution claims are written as KRW 502,408 in the written complaint of KRW 439,227, it is apparent that they are clerical errors.

(i) 65,00,000 won - 33,629,705 won - 30,931,068 won - 502,048 won (=65,00,000 won - 33,629,705 won - 30,868,247 won), and the above remaining claims were extinguished due to the collection of copyright royalties by April 2016.

E. Therefore, it is reasonable to deny the Defendants’ decision as stated in the Disposition No. 1 against the Plaintiff.

2. Article 208 (3) 2 of the Civil Procedure Act of each applicable provision of Acts (in the absence of the defendant, deemed as confessions);

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