청구이의
1. The Seoul Western District Court 2019Kama6269 (hereinafter “Seoul Western District Court”)’s decision on the Plaintiff is enforceable.
1. The Seoul Western District Court case (2018dada2228786) where the Plaintiff filed a claim for loans against the Defendants (2018Gadada2228786) was final and conclusive. Accordingly, the Defendants filed a claim against the Plaintiff for the determination of litigation costs at the above court 2019Kada6269, and the above court rendered a decision on March 24, 2020 that confirmed that the amount of litigation costs to be reimbursed by the Plaintiff to the Defendant B is KRW 2,924,339, Defendant C, and D, KRW 303,062, respectively (hereinafter “instant decision”).
On April 27, 2020, the Plaintiff deposited KRW 2,924,339 for Defendant B, and KRW 303,062 for Defendant C and D, respectively.
The instant decision was finalized on May 2, 2020.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1 to 3, the purport of the whole pleadings
2. Determination:
A. According to the above facts, barring any special circumstance, the Plaintiff extinguished the obligation based on the instant decision by fully repaying the amount pursuant to the instant decision to the Defendants, barring any special circumstance.
Therefore, compulsory execution based on the decision of this case by the defendants cannot be permitted.
B. The Defendants asserted that the Defendants did not pay interest only when the Plaintiff paid the principal according to the instant decision and did not pay interest. Therefore, the Defendants asserted that the Plaintiff had to pay the amount that the Plaintiff would have to pay in accordance with the appropriation of performance.
The obligation to reimburse the amount of litigation costs according to the final decision on the amount of litigation costs reaches the due date when the final decision on the amount of litigation costs becomes final and conclusive, and the obligor is liable for delay from the time when it becomes known that the due date has arrived (see Supreme Court Decision 2008Da10051, Jul. 10, 2008). According to the above basic facts, the Plaintiff already repaid the principal pursuant to the instant decision to the Defendants before the due date becomes final and conclusive, and the interest has already arrived.
Therefore, the defendants are the defendants.