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(영문) 춘천지방법원강릉지원 2015.04.28 2014가합1204

배당이의

Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Cases of the compulsory auction of the immovables D with the Gangnam District Court of Chuncheon.

Reasons

1. Basic facts

A. Defendant B’s claim against the Plaintiff and its claim objection 1) The Defendant B filed a lawsuit against the Plaintiff for payment of the full amount under the jurisdiction of the Chuncheon District Court Decision 2007Gabu27175, Jun. 13, 2008, stating that “the Plaintiff shall pay to the Defendant B 19,061,298 won and the amount at the rate of 20% per annum from August 14, 2007 to the date of full payment” (hereinafter “instant judgment”).

(2) After the judgment of this case was rendered, the dismissal of the appeal of this case was decided on March 12, 2009 (Supreme Court Decision 2009Da495) and the dismissal of the appeal of this case (Supreme Court Decision 2008Na1535) and on March 12, 2009. (2) Defendant B, based on the original copy of the judgment of this case, was paid KRW 25,463,812 (=19,061,298 won of the principal amount of the judgment of this case, and KRW 19,235,394 won to March 2, 2009 to KRW 208, KRW 209, KRW 209, KRW 209, KRW 309, KRW 209, KRW 397,1200). The judgment of the court below was rendered on April 7, 2009 to Defendant B and the lower court’s assignment order (hereinafter “Defendant B”).

4. On August 28, 2014, the Plaintiff filed a lawsuit of objection against Defendant B with the Chuncheon District Court Decision 2014Kadan66777, and filed a lawsuit of objection against the instant judgment from the above court on November 20, 2014, and enforcement based on the instant judgment against Defendant B exceeds the amount equivalent to 16,561,75 won and the amount equivalent to 20% per annum from August 29, 2013 to the date of full payment.