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(영문) 전주지방법원군산지원익산시법원 2019.04.16 2019가단100028

청구이의

Text

1. The Defendant’s purchase price of goods in the Jeonju District Court 2018Gau5120 rendered by the Dasan District Court 2018.

Reasons

1. On October 2, 2018, the Defendant, indicating the claim, filed a lawsuit against the Plaintiffs by the Jeonju District Court 2018Gau5120, the Jeonju District Court 2018, the judgment of October 2, 2018, that “the Plaintiffs jointly and severally paid to the Defendant the amount of KRW 8,155,450 and the interest rate of KRW 15% per annum from June 1, 2018 to the date of full payment,” and the above judgment became final and conclusive on October 31, 2018.

(hereinafter “instant final judgment”). On January 7, 2019, the Plaintiffs deposited reimbursement of KRW 8,155,450, and damages for delay from June 1, 2018 to January 7, 2019 (i.e., KRW 8,896,143 (i.e., KRW 8,155,450 and interest KRW 740,693) and KRW 267,338,481 (= KRW 8,893,143,143,143,00), which are the cited amount of the final judgment in this case, and KRW 267,38,38,00 (i.e., KRW 8,893,143,143,383).

Accordingly, since the entire obligation based on the final judgment of this case has ceased to exist, compulsory execution based on the original copy of the final judgment of this case shall not be permitted.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);