청구이의
1. The 32,457,211 won of the instant lawsuit shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3...
1. On December 9, 2011, the Defendant filed a lawsuit against the Plaintiff on the claim for management expenses under the Suwon District Court Decision 201Ga6069, and the said court rendered a ruling that “the Defendant shall pay to the Plaintiff 90,428,770 won and 79,274,650 won, an amount calculated by the rate of 20% per annum from August 4, 201 to the date of full payment” (hereinafter “instant judgment”), and the fact that the said judgment became final and conclusive around that time is not a dispute between the parties.
2. The repayment date of the Plaintiff’s claim Nos. 36,400 on March 30, 201; 20,400 on May 2, 201, 201; 375,510 on June 14, 2011; 19,700,00 on June 14, 201; 5,000 on June 14, 201; 490,000 on October 13, 2011 on October 13, 201; 32,460,70 on June 32, 200, 200 on May 32, 201; 201, around May 18, 2011;
A. The Plaintiff repaid to the Defendant the sum of KRW 75,523,400 among the obligations based on the instant judgment as follows.
B. The Plaintiff’s representative director B, on September 3, 2012, has a claim of KRW 34,944,772 against the C management body (hereinafter “management body”), and the Plaintiff is expected to be transferred from B. The Plaintiff is entitled to receive the transfer from B. The Plaintiff has a claim for subrogation against the management body by subrogation of the unpaid electricity charge of KRW 12,00,000 and the liability of KRW 34,458,00.
Since the Defendant is liable to repay management expenses exceeding KRW 80 million to the management body, the Plaintiff, as a creditor to the management body, takes over the above management expenses refund claim against the Defendant from the management body to the Defendant, and offsets the above transfer money claim against the Defendant by the right to automatic renewal, and thus, the Defendant’s above claim against the Plaintiff is set off against the Defendant’s claim based on the above judgment. Therefore, the remainder of KRW 15 million based on the judgment of this case
3. We examine ex officio the determination as to the legitimacy of the part of KRW 32,457,211 of the instant lawsuit, and there is no benefit to seek denial of compulsory execution by filing a lawsuit of demurrer after a compulsory execution based on the executive title has been completed as a whole and satisfied by the creditor (see Supreme Court Decision 96Da52489, Apr. 25, 1997).