청구이의
1. Compulsory execution against the Defendant’s Plaintiff by the Incheon District Court Decision 2014 Ghana5865 Decided July 22, 2015.
In full view of the purport of the entire pleadings, the following facts can be acknowledged in the judgment as to the plaintiff's claim, Gap evidence Nos. 1 through 5.
The judgment of the Incheon District Court on July 22, 2015 that ordered the payment of KRW 1,00,000,000 was finalized on September 5, 2015.
On September 11, 2017, the Plaintiff repaid KRW 47,500 and KRW 1,000,000 of the claimed amount as stated in the above judgment, for the enforcement cost of Ansan support 2017,1290.
On October 30, 2015, this Court decided that the Defendant’s claim for the determination of the amount of litigation costs is KRW 132,507,000,000,000 among the above parties.”
The determination of the amount of the above litigation cost becomes final and conclusive on November 10, 2015, and is being served on the original defendant around that time.
On May 16, 2018, the Plaintiff deposited KRW 132,507 to the Defendant.
According to the above facts, the executory power of the above final judgment should be excluded unless there are special circumstances.
As to the defendant's argument, the defendant expressed that the damages for delay against one million won is interest, but it is correct to refer to the damages for delay.
I asserts that it should be received.
It is due to the fact that one million won according to the above final judgment has been left for more than two years even after the date on which the judgment was pronounced.
However, according to the above judgment, the defendant did not claim damages for delay against the plaintiff.
It is clear that there is no statement about damages for delay in the text of the final and conclusive judgment.
Even if the plaintiff delayed the performance of the above final judgment for more than two years after the sentence, it would be difficult to expand that the executory power of the above final judgment would include the statutory delay damages.
The defendant claims damages for delay outside of trial or separate action.