청구 이의의 소
In the case of loans extended by the Defendant to the Plaintiff on June 12, 2018, the Daegu District Court Decision 2017Kadan15663 Decided June 12, 2018.
1. Determination on the cause of the claim
A. Facts of recognition 1) The Defendant filed a lawsuit against the Plaintiff in the Seo-gu District Court Branch of Seo-gu District Court (2017Kadan15663), along with C (the Defendant’s children). On June 12, 2018, the said court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 60,00,000, and KRW 30,000,000 and KRW 15% per annum for each of them, calculated from May 3, 2018 to the date of full payment,” and the said judgment became final and conclusive on July 3, 2018 (hereinafter referred to as “the final and conclusive judgment”).
(2) According to the above final judgment, the Plaintiff transferred KRW 50,000,000 to the Defendant’s bank account via the Plaintiff’s bank account and the Plaintiff’s bank account (hereinafter “Plaintiff”) on December 5, 2018, ② KRW 10,000,000 on December 28, 2018, ③ KRW 10,000 on February 21, 2019, and paid KRW 50,000 in total to the Defendant. ④ On December 30, 2019, the Plaintiff paid KRW 21,624,350 on the remainder of the outstanding amount on December 30, 201 and the execution cost disbursed by the Defendant (i) KRW 18,350,90 on the remainder of the outstanding principal and interest reimbursement under the above final judgment, and KRW 3,273,450,90 on the deposit money for compulsory auction owned by the Defendant for real property owned by the Plaintiff (Seoul District Court).
[Ground of recognition] Facts without dispute, Gap evidence 1-5 evidence, Eul evidence 1-1, the purport of the whole pleadings
B. According to the above facts of recognition, the Plaintiff fully repaid the Defendant with the money that the Plaintiff ordered payment in the above final judgment.
Therefore, it is reasonable to deny the defendant's compulsory execution based on the above final judgment against the plaintiff.
2. The Defendant’s assertion as to the Defendant’s assertion is that the said “1.30,00,000 won” that the Plaintiff transferred to the Defendant’s bank account was repaid to C (the Defendant’s children) according to the said final judgment, and thus, the Defendant’s claim under the said final judgment still remains.
The defendant's bank account (i.e., 30,000,000 won on December 5, 2018) was remitted.