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(영문) 청주지방법원충주지원 2019.06.05 2019가단20286

청구이의

Text

1. The Defendant’s Cheongju District Court Decision 2015Da23560 decided November 9, 2017 against the Plaintiffs is based on the Cheongju District Court Decision 2015Da23560 decided.

Reasons

1. Basic facts

A. On November 9, 2017, the Cheongju District Court Decision 2015Da23560, Cheongju District Court Decision 2015Da23560, the Defendant filed against the Plaintiffs, “The Defendant shall be jointly paid to the Defendant; the Plaintiff B shall be jointly paid with Nonparty D, 3,00,000,000, and 5% per annum from June 25, 2015 to November 9, 2017; the amount of 15% per annum from the next day to the day of full payment; the Plaintiff Co., Ltd shall be jointly paid with the Plaintiff; and the amount of 5% per annum from April 16, 2015 to November 9, 2017 to the day of full payment; and the amount of 15% per annum from the next day to November 9, 2017 to the day of full payment (hereinafter referred to as “the judgment of this case”). The judgment of this case became final and conclusive as it is.”

B. On March 2, 2018, in order to perform the obligation based on the instant judgment, the Plaintiffs paid KRW 3,00,000,000 in the said judgment that was ordered by the Cheongju District Court Branch as the Plaintiffs, the deposited parties, as the Defendant, and KRW 5% per annum from June 25, 2015 to November 9, 2017; from the next day to March 2, 2018, the sum of KRW 3,496,027 in total [3,00,000 x 0.0 x 0.05 x 3,000 x 3,000 x 1365 x 1365 x 136 x 15 x 1365 x 136] (hereinafter “deposit”) were repaid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, since the plaintiffs' debts owed to the defendant by the judgment of this case have ceased to exist by the plaintiffs' repayment deposit of this case, compulsory execution based on the judgment of this case shall not be permitted unless there are special circumstances.

3. As to the judgment of the defendant's assertion, the defendant did not have the effect of repayment since the defendant did not receive the deposit money as a result of collecting all the deposit money of this case.