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(영문) 의정부지방법원 2019.04.25 2018가단15093
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In this case between the Plaintiff and the Defendant regarding this Court’s 2014 Ghana31091 Service Costs, etc., the conciliation was concluded that on May 12, 2015, “the Defendant (the Plaintiff is the Plaintiff of this case) paid KRW 1,50,000 to the Plaintiff (the Plaintiff of this case) by May 31, 2015: Provided, That the payment method is the deposit for the Plaintiff with the deposited person. If the Defendant delays the payment of the said money by the said date, the Defendant shall pay the unpaid amount to the Plaintiff and the interest calculated at the rate of 20% per annum from the day following the said payment date to the day of full payment.”

(B) The conciliation protocol prepared pursuant to this paragraph is “instant conciliation protocol”). (b)

Meanwhile, on June 13, 2013, the Seoul Eastern District Court Decision 2012 Ghana15262, the judgment against the Defendant was rendered against the Defendant that “the Defendant shall pay C 1,000,000 won and an amount calculated at the rate of 20% per annum from December 15, 2012 to the date of full payment,” and the judgment became final and conclusive as it is.

(hereinafter referred to as "related judgment"). (c)

C On January 17, 2017, the Defendant, the garnishee, the Plaintiff, the claim amount of KRW 20,005,649, which the Defendant had against the Plaintiff, received a seizure and collection order of the service non-performing claims based on the instant conciliation protocol (hereinafter “instant collection order”) and the original copy of the order was served on the Plaintiff on the 19th day of the same month.

However, on April 26, 2018, the Plaintiff deposited KRW 8,000,000 in the account name “C”, and the account number D Bank account (E) (hereinafter “BB”) in the name of the Plaintiff (hereinafter “CB”), and on March 2, 2017, KRW 1,500,500 was deposited from the deposit account name “F” and the corporate bank account (G) to the IB account (J) account of H company from H company on March 2, 2017.

(hereinafter referred to as “B transfer money”). 【No dispute over the grounds for recognition”, and each entry in Gap’s evidence 2 through 6

2. The allegations and judgment of the parties

A. The plaintiff is the garnishee of the collection order of this case.

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