청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasoning for the court’s explanation on this part of the facts is that the pertinent part of the reasoning of the judgment of the first instance is identical to that of the relevant part of the reasoning of the judgment of the court of first instance.
2. The parties' assertion
A. Plaintiff’s assertion 1) The Plaintiff fully repaid the principal and interest of the Defendant in accordance with the final judgment of this case. The Plaintiff’s provisional attachment of the Defendant’s postal savings return claim and the Defendant’s withdrawal of the claim is effective in itself. As such, the Plaintiff’s repayment against the Defendant is lawful. (2) In the event compulsory execution is being conducted in accordance with the final judgment of this case, there is a risk of double payment of the Plaintiff’s obligation to the Defendant, and in the event that the principal lawsuit of provisional attachment is pending, the Defendant’s repayment through compulsory execution and compulsory execution against the Defendant is against the economy of the lawsuit, and the Defendant’s continuation of compulsory execution according to the final judgment of this case is an abuse of right.
3) Since the Plaintiff has a damage claim against the Defendant, it shall be offset against the Defendant’s claim ordering payment at the final and conclusive judgment of this case by the automatic claim. Accordingly, compulsory execution based on the Defendant’s final and conclusive judgment of this case shall be denied.
B. The Defendant’s assertion 1) In the case of monetary obligations, the real provision of money must be in the condition that the obligee can immediately receive the payment. The Plaintiff’s claim for return of the Defendant’s postal savings is provisionally seized, and even if he remitted money to the said post office account, the Defendant is unable to immediately receive the deposit, and it is difficult to deem that the Plaintiff made a lawful repayment by providing the real estate. 2) The Plaintiff’s withdrawal of the deposit money and the copy of the written consent for cancellation of the security and the Defendant’s post office account by deceiving the Defendant.