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Reasons
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(영문) 서울중앙지방법원 2016.11.11 2016가단5130113
청구이의
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1. The Defendant’s Plaintiff is based on the Seoul Central District Court Decision 2014Gahap1084 Decided June 26, 2015.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each statement in Gap evidence Nos. 1 to 10.

On June 26, 2015, the Defendant filed a lawsuit claiming the return of deposit against the Plaintiff (Seoul Central District Court 2014Gahap1084), and rendered a judgment against the said court that “The Plaintiff shall pay to the Defendant KRW 100,000,000 and the amount at the rate of 5% per annum from January 21, 2014 to June 26, 2015, and 20% per annum from the next day to the date of full payment” (hereinafter the instant judgment).

B. Compulsory execution against the Plaintiff’s property and the Plaintiff’s repayment 1) on October 20, 2015, the Defendant seized movable property of the Cvalescent Hospital operated by the Plaintiff, and the auction of corporeal movable property under the Seoul Southern District Court Decision 2015No3992, which led to the Defendant’s distribution of KRW 16,201,170 to the Defendant on December 3, 2015. (2) Thereafter, on the Plaintiff’s sales claim, the Defendant filed a claim attachment and collection order with the Seoul Central District Court No. 2015, No. 17142, Jul. 31, 2015.

3) According to the above collection order, on February 3, 2016, the Defendant collected KRW 20,000,000 of the Plaintiff’s sales claim from the KNF Card Company, and KRW 20,000,000 of the Plaintiff’s sales claim from the new credit card company on February 4, 2016, and KRW 28,134,290 of the Plaintiff’s sales claim from the KNF Co., Ltd. on April 5, 2016, and thereafter, the Plaintiff collected KRW 28,134,290 of the Plaintiff’s sales claim from the Defendant on May 28, 2016.

5) On November 30, 2015, the Defendant received a decision of compulsory auction on the real estate owned by the Plaintiff on November 30, 2015, and currently under progress by the court of execution, KRW 825,310 (Contents: KRW 5,00, KRW 53,250, KRW 53,000, KRW 66,00, and KRW 80.

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