청구이의
1. The Defendant’s Jeju District Court Decision on December 12, 2013 was based on the Decision 2013Gapo6940 Decided December 12, 2013.
1. The grounds for raising an objection to a final and conclusive judgment should have arisen after the conclusion of pleadings in the final and conclusive judgment (see, e.g., Supreme Court Decision 2008Da51359, Oct. 29, 2009); and the grounds for “the Plaintiff has repaid KRW 2 million to the Defendant on June 24, 2013” are the circumstances before the closing of pleadings in the final and conclusive judgment (see, e.g., Supreme Court Decision 2008Da51359, Oct. 29, 2009); and the grounds for “the Plaintiff has repaid the Defendant two million won on June 24,
2. The Plaintiff remitted KRW 600,000 to the Defendant on August 12, 2014 for the repayment of the instant final and conclusive judgment obligation (three million won, and damages for delay calculated at the rate of 20% per annum from August 22, 2013 to the date of full payment) and deposited KRW 4 million with the Defendant as the principal deposit on December 24, 2014, and there is no dispute between the parties to the instant final and conclusive judgment obligation due to such repayment and the damages for delay calculated at the rate of KRW 20% per annum from December 25, 2014 to the date of full payment.
(2) The balance after the repayment is appropriated (600,000 won - 300,000 won - 14,205 won per annum from August 13, 2014 to August 12, 2014) and the principal amount of KRW 14,795 (=600,000 won - 585,205 won per annum from August 22, 2013 to 356 days (i.e., three million won x less than KRW 356/365: hereinafter the same shall apply) and KRW 14,795 (i.e., KRW 60,585,205).
(B) Appropriation of 400,00 won for repayment of the deposit deposited on December 24, 2014: ① 219,187 won for delay damages of 134 days from August 13, 2014 to December 24, 2014 (=2,985,205 won x 0.2 x 134/365) and principal amount of KRW 180,813 (=400,00 won - 219,187 won) ② The balance after appropriation for payment (2,804,392 won (=2,985,205 won - 180,813 won) and damages for delay calculated at the rate of 20% per annum from December 25, 2014.
3. Meanwhile, in the case of demurrer, the original obligation indicated on the executive titles became extinct by repayment or deposit.