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1. The Defendant’s payment order against the Plaintiff is based on the original copy of the payment order in the Seoul Eastern District Court 2015 tea715.
Reasons
1. Facts of recognition;
A. The Defendant filed an application for a payment order seeking payment of wages (equitable) with the Plaintiff and C Co., Ltd. (hereinafter “C”) as the debtor based on the following grounds: (a) the Defendant filed an application for payment order with the Plaintiff and C Co., Ltd. (hereinafter “C”).
On November 24, 2015, this Court rendered a decision that "the plaintiff and C shall jointly and severally pay to the defendant 24,566,330 won with an interest of 15% per annum from the day after the original copy of the payment order was served to the day of full payment," and the decision was finalized around that time.
[Summary of the Grounds for Claim] The Defendant has been in charge of bond management and sale while working as C’s employee. The Defendant did not receive KRW 24,566,330 on the piece rate paid from C to June 30, 2015.
The plaintiff is entrusting the management, operation, use, and disposal of securitization assets to C, uses a trade name similar to C, and is also the same as C, type of business, type of business, and location of the head office, so it is substantially the same as C.
In addition, the defendant worked as a employee of C and worked as an employee of the plaintiff.
B. On December 21, 2015, the Defendant received the above original of the payment order: (1) the claim amount as KRW 21,566,30,00 from the Seoul Central District Court 2015TTTTT 2015 to the Seoul Central District Court 2015TTTT 106442; (2) the claim amount as KRW 24,56,330, the dividend and execution cost claim to be paid to the Plaintiff in the case of the auction of real estate rent; (3) the dividend and execution cost claim to be paid to the Plaintiff in the case of the auction of real estate rent; and (2) the attachment and collection order was issued on December 18, 2015 to the Seoul Central District Court 2015TTT 106,330, the seizure and collection order should be received by the Plaintiff as the dividend and execution cost of the real estate rent and the collection order.