청구이의의 소
1. Of the instant lawsuit, the Seoul Central District Court Decision 2013Gaso87373 decided April 23, 2014 against the Defendant’s Plaintiff was rendered.
1. Facts of recognition;
A. The Defendant claimed a loan against the Plaintiff.
On April 23, 2014, the first instance court (Seoul Central District Court 2013dada877373), as to the above claim of the Defendant, stated the order of the judgment related to “the Defendant shall pay the Plaintiff KRW 2,00,000 and the amount calculated at the rate of 30% per annum from January 1, 2013 to the date of full payment.” The judgment of the provisional execution declaration department (hereinafter “related judgment of the first instance court”) was pronounced.
The defendant was granted the execution clause on June 13, 2014 with respect to the related judgment of the first instance court.
The Plaintiff filed an appeal against the relevant judgment of the first instance court, and the appellate court (Seoul Central District Court 2014Na38172) amended the judgment of the first instance on October 31, 2014, the appellate court (Seoul Central District Court 2014) stated the text of the judgment related to “the Defendant shall pay to the Plaintiff 2,00,000 won and interest calculated at the rate of 5% per annum from January 1, 2013 to October 31, 2014 and 20% per annum from the next day to the date of full payment” (hereinafter “relevant appellate court judgment”). The judgment of the provisional execution sentence (hereinafter “related appellate court judgment”).
The defendant was granted the execution clause on December 24, 2014 to the related appellate judgment.
Although the plaintiff appealed on the related appellate judgment, the Supreme Court sentenced the dismissal of appeal on March 20, 2015, which became final and conclusive as it is.
B. The Defendant, based on the original copy of the judgment of the first instance related to executory power, filed an application for compulsory execution against the Plaintiff’s share in the Dongjak-gu Seoul Metropolitan Government Ground Building C, and the court (Seoul Central District Court D) rendered a decision to commence a compulsory auction on July 10, 2014.
On January 5, 2015, the defendant applied for compulsory execution against the plaintiff's share in the land in Dongjak-gu Seoul Metropolitan Government based on the original judgment of related appellate court with executory power.
C. On January 26, 2017, the Plaintiff was the Seoul Northern District Court No. 0462, 2017.