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(영문) 울산지방법원 2015.10.30 2015가단57750

청구이의

Text

1. Compulsory execution against the Defendant’s Plaintiff based on the U.S. District Court Order 2015Kao-130 dated June 25, 2015.

Reasons

1. Basic facts

A. The Ulsan District Court rendered a final decision on June 25, 2015 to the following purport:

(hereinafter referred to as the “instant decision”). - The amount of litigation cost to be paid by the Plaintiff to the Defendant in accordance with the ruling in the Ulsan District Court Decision 2011Ga25212 and 2012Na5513 and Supreme Court Decision 2014Da65496 shall be determined as KRW 2,861,650.

B. The instant decision was finalized on July 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, significant facts in this court, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's major assertion (1) The plaintiff's claim based on the decision of this case is set-off against the monetary claim held by the Busan High Court Decision 2003Na622. Thus, compulsory execution based on the decision of this case should be dismissed.

(2) In light of the Defendant’s argument, U.S. District Court Decision 2012Na5513, etc., the Defendant cannot be deemed to bear the obligation based on the judgment of Busan High Court 2003Na622, and the Plaintiff’s assertion is without merit.

B. According to the facts without dispute, Gap evidence Nos. 1, 2, 3, and 4-1, 2, 1, 2, 2, 1, and 2-2, and the purport of the whole pleadings, the defendant filed a lawsuit against the plaintiff et al. on or around December 4, 2002 (U.S. District Court 2001 Gohap3685). The above court rendered a judgment of the appellate court against the plaintiff et al. on December 4, 2002 that "the plaintiff shall pay 98,73,280 won to the defendant and the amount equivalent to 25% per annum from March 25, 192 to December 4, 2002." Based on the above judgment, the defendant appropriated the above provisional execution against the plaintiff et al. on or after July 1, 2003, 2003, 36.15, 2006.6.7.25