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(영문) 수원지방법원 2018.12.13 2018가단527158

청구이의

Text

1. The Suwon District Court 2017 Ghana 1134 against the Defendant’s Plaintiffs has the executory power to refund the lease deposit.

Reasons

1. Basic facts

A. The plaintiffs are married couple, and the defendant is currently in the detention house.

B. The Defendant filed a lawsuit against the Plaintiffs in Suwon District Court 2017 Ghana 1134 against the Plaintiffs to refund the lease deposit.

The Plaintiffs were served with a duplicate of the complaint, but did not appear on the date of pleading.

On August 24, 2017, the above court rendered a ruling that “the plaintiffs shall pay to each of the plaintiffs 20 million won with 5% interest per annum from August 20, 2016 to April 22, 2017, and 15% interest per annum from the next day to the day of full payment,” and the above ruling became final and conclusive around that time.

(hereinafter referred to as “instant final judgment”) C.

On April 18, 2018, according to the final judgment of the instant case, the Defendant (hereinafter “instant compulsory auction”) received a compulsory auction ruling on the real estate owned by the Plaintiff A (hereinafter “instant compulsory auction”).

In addition, on May 3, 2018, the Defendant filed an application against the Plaintiffs for the determination of the amount of litigation costs set forth in the Suwon District Court 2018Kacal49, and received a decision that “The amount of litigation costs to be repaid by the Plaintiffs by the final judgment of this case is KRW 106,930, respectively, to the Defendant.”

Serial 1 2,00,00 on August 19, 2016: 2,00 on May 5, 2017; 2,500,000 on April 2, 2017; 4,000 on June 22, 2017; 5,000 on June 9, 2017; 6.2,000,00 on June 15, 2017; 00,000 on June 15, 2017; 6. 00,00 on June 3, 200, 200, 7. 2, 2000,00 on August 14, 2017; 8, 200,00 on August 21, 200, 200; 9.

D. Meanwhile, Plaintiff B remitted money to the Defendant’s account as follows.

(hereinafter referred to as “the instant repayment” and, individually, in the case of an individual term, it is set by the sequences).

However, around May 11, 2018, the Defendant sent to Plaintiff B a notice of refusal to receive KRW 969,862, which was deposited in the Defendant’s provisional custody account on April 10, 2018, and the said provisional custody account.