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(영문) 인천지방법원 2016.08.18 2016나52104

청구이의

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: ① A evidence No. 9 was added to the second 20th 20th 20th 2th 3th 5th 5th 6th 3th 5th 6th 6th 6th 6th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7

2. The portion to be determined additionally

A. Since the alleged plaintiffs filed an application for compulsory execution because they did not pay the money for the adjustment of related cases, and the execution cost, such as the registration fee for an application for auction and the acquisition tax for auction, occurs, the plaintiffs shall pay the defendant the execution cost and the interest for delay additionally.

However, since the plaintiffs deposited only the principal, all obligations under the mediation protocol are not deposited.

B. Determination 1) Since the mediation protocol does not order the defendant to pay interest in arrears to the defendant in the case related to interest in arrears, this part of the argument is without merit. 2) Costs necessary for compulsory execution are borne by the debtor and the debtor can be reimbursed preferentially in the compulsory execution procedure. However, the costs that the defendant did not receive reimbursement in the pertinent compulsory execution procedure should be subject to the decision of the execution court to determine the amount of execution costs and execute a separate monetary execution with the execution title (see Supreme Court Decision 2004Da818, Oct. 12, 2006).