청구이의
1. The judgment of the court of first instance is modified as follows.
The Seoul Western District Court sentenced the defendant to the plaintiff on March 11, 201.
1. Basic facts
A. The Defendant filed a lawsuit against the Plaintiff with this Court No. 2010Gahap7287, and this Court rendered a judgment on March 31, 2011 that “the Plaintiff shall pay to the Defendant 150 million won and 20% interest per annum from July 3, 2010 to the day of full payment.”
Therefore, although the Plaintiff appealed, on August 17, 201, the said judgment became final and conclusive after withdrawing an appeal.
(hereinafter referred to as the “instant final judgment”). B.
As the principal and interest of the instant final and conclusive judgment, the Plaintiff repaid the Defendant a total of KRW 185 million on October 7, 201 and KRW 85 million on October 28, 201.
C. On August 26, 2014, after the judgment of the court of first instance was rendered, the Plaintiff deposited KRW 6,328,262 with the principal and interest of the final judgment of this case by designating the Defendant as the principal and interest of the Defendant as the principal and interest.
(Seoul Central District Court No. 19074. [Grounds for Recognition] of the absence of dispute, Gap evidence No. 1, 2, and 3, the purport of the whole pleadings.
2. Determination
A. The plaintiff asserts that compulsory execution by the above judgment of the defendant should be denied, since all principal and damages for delay have been paid to the defendant in accordance with the final judgment of this case.
Therefore, as seen earlier, the Plaintiff was obligated to pay the Defendant the sum of KRW 191,328,262 after the final judgment of this case and then deposited the repayment or deposit. Thus, barring any special circumstance, the Plaintiff is only obligated to pay the remainder after deducting the above amount from the principal and interest of the final judgment of this case.
B. On October 201, 201, the first Defendant asserted that the Plaintiff would pay KRW 185 million to the Defendant, immediately after the repayment of KRW 185,00,000,000, added the interest rate of KRW 4 to 5% per annum, and that the Plaintiff would return the said amount to the Defendant.
Accordingly, the defendant directly paid to the plaintiff or the plaintiff from October 10, 201 to July 30, 2012.