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(영문) 수원지방법원 2021.02.09 2020가단19803

청구이의

Text

The Suwon District Court rendered compulsory execution against the plaintiff on May 21, 2020 by the defendant on the basis of the judgment 6579 decision.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff as Suwon District Court 2020Kadan6579, and the above court rendered a judgment on May 21, 2020 that “the Plaintiff shall pay to the Defendant the amount of KRW 35,478,827 and the amount calculated at the rate of 6% per annum from January 1, 2020 to April 10, 2020, and 12% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

Accordingly, the judgment of this case became final and conclusive on June 9, 2020 as the plaintiff appealed as Suwon District Court 2020Na 69021 and withdraws the appeal.

B. On June 24, 2020, the Defendant received the attachment and collection order under the Daejeon District Court Branch 2020, and under the Daejeon District Court Branch 2020, and under the Daejeon District Court Branch 2020 on July 30, 2020, the Defendant received the attachment and collection order under the 3870, respectively.

(c)

The Plaintiff: (a) as the consignee of the Defendant for the purpose of 10134 in 2020 as of September 3, 2020; (b) and (c) as the debt principle under the instant judgment due to the Defendant’s refusal to receive the money (i.e., the KRW 35,478,827, Jan. 1, 2020 to September 3, 2020; (c) the actual delay amount from January 1, 2020 to September 3, 2020 under the instant judgment is KRW 2,292,028,028.

2,354,978 Won deposited the reimbursement.

(d)

On December 14, 2020, the defendant filed a request for withdrawal and cancellation of execution concerning the seizure and collection order of each of the claims stated in the above Paragraph B.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, since the Plaintiff’s obligation based on the judgment of this case against the Defendant was extinguished by the Plaintiff’s deposit of the full amount of obligation, compulsory execution based on the judgment of this case shall not be permitted.

3. Judgment on the defendant's assertion

A. The defendant's assertion is subject to the seizure and seizure of each of the above claims based on the judgment of this case by the plaintiff's deposit of the debt according to the judgment of this case.