청구이의
1. The Defendant’s compulsory execution based on the Seoul Central District Court Decision 2016Kadan76856 against the Plaintiff is KRW 765,584 and KRW 765.
1. On March 23, 2017, E Co., Ltd. (hereinafter “E”) filed a lawsuit against the Plaintiff, etc. on the claim for construction cost, etc. with the Seoul Central District Court Decision 2016Da76856, which rendered a judgment that “the Plaintiff shall pay to E the amount of KRW 120,404,053 and interest calculated at the rate of 15% per annum from July 1, 2016 to the date of full payment,” and the judgment became final and conclusive around that time.
(2) On the other hand, the Defendant: (a) granted a successor execution clause to the pertinent judgment; (b) based on the foregoing, filed an application for the seizure and collection order against the Plaintiff and the third debtor F, G, H, I, J, K, K, L, M, and N (hereinafter collectively referred to as “F, etc.”) with the Seoul Central District Court Decision 2018TTTT10216; and (c) issued the seizure and collection order (hereinafter referred to as “instant seizure and collection order”) on July 5, 2018.
On July 25, 2018, the Defendant collected KRW 156,996,712, based on F, etc.’s collection order based on the instant seizure and collection order.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 3 and 4 evidence, the purport of the whole pleadings
2. The plaintiff's assertion and judgment asserted that compulsory execution based on the judgment of the relevant case should be denied, since the defendant's claim for the judgment of the relevant case has fully ceased to exist.
According to the above facts, it shall be deemed that the defendant extinguished the claim of the relevant case within the scope of the amount collected by compulsory execution based on the seizure and collection order of this case on July 25, 2018.
However, as of July 25, 2018, the amount of the judgment in the case at issue is total of KRW 157,762,296 [the principal 120,404,053 won to July 25, 2018 37,358,243 won for delay damages from July 1, 2016 to July 25, 2018 x 0.15 x 0.15 x 75/365 x 75/365), the amount of the judgment in the case at issue at issue at issue at issue is not limited to KRW 156,96,712, which is agreed upon by the parties on the satisfaction of their obligations.