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(영문) 창원지방법원 2019.04.19 2018나59288
전부금
Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuit, 733,743 won and damages for delay.

Reasons

1. Basic facts

A. On July 19, 2012, with respect to the real estate owned by the obligor B (hereinafter “debtor”), the auction procedure for real estate was initiated by Changwon District Court Jinju Branch C, and the Plaintiff was issued a decision on provisional attachment against the obligor’s claim against the Defendant (the claimed amount KRW 17,203,726) on January 31, 2013, by the Changwon District Court Jinju Branch Branch 2013Kadan214.

B. On March 25, 2013, the date of distribution of the said real estate auction procedure, the distribution schedule was prepared to distribute the amount of KRW 741,552 to the debtor (owner) as surplus. On April 3, 2013, the Seoul District Court Seoul District Court deposited KRW 741,714,714 equivalent to the principal and interest of the principal and interest of the original district court as the debtor on the ground that the provisional seizure order against the above surplus was rendered on April 3, 2013.

C. On July 9, 2013, the Plaintiff filed a lawsuit claiming a loan against the debtor on July 9, 2013 with the Changwon-gun District Court 2013Da1290, Chang-dong District Court 2013, and rendered a favorable judgment against the above court on October 2, 2013 that “the debtor shall pay to the Plaintiff KRW 12,00,000,000 and the delay damages therefor,” and the said judgment became final and conclusive on October 29, 2013.

The Plaintiff’s total amount of KRW 12,00,000,000 per annum for delay calculated from November 11, 2015 to August 7, 2013, the amount of KRW 5,576,547 and the amount of KRW 20% per annum for delay damages calculated from November 11, 2015 to August 7, 2013, the amount of KRW 18,214,355 to the Defendant of the said real estate auction case under the jurisdiction of the Changwon District Court 2013TT 5389.

With respect to KRW 17,203,726, the provisional attachment was transferred to the provisional attachment, and the remaining KRW 1,010,629 was ordered to seize the claims, and the above attachment and assignment order was served on November 21, 2013 to the defendant who is the garnishee, and became final and conclusive on December 24, 2013.

E. On November 21, 2013, the deposit officer of the Changwon District Court Jinwon District Court shall be the deposit officer of the Changwon District Court.

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