청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant asserted that the Plaintiff filed an application for a compulsory auction on the Plaintiff’s real estate based on the claim amounting to KRW 35,554,500 based on an executory exemplification of a final and conclusive judgment on the amount of litigation costs set forth in the Jeonju District Court Decision 2016KaMa304, decided on the amount of litigation costs. Since the Plaintiff has a loan claim of KRW 315,500,000 to the Defendant, the Defendant’s claim against the Plaintiff for a compulsory auction is set off against the Defendant’
Therefore, compulsory execution based on the above case 2016Kao304 should not be permitted.
2. The Defendant filed an application with the Plaintiff for the determination of the litigation cost amount with the Jeonju District Court Branch Branch of 2016Kao304, and received the decision of June 9, 2016. The fact that the said decision became final and conclusive around that time does not conflict between the parties.
However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff has a loan claim of KRW 315 million against the Defendant, and there is no other evidence to acknowledge it.
Rather, in full view of the purport of the entire pleadings in the statement No. 1 of the evidence No. 1, the Plaintiff lent money of KRW 190 million to the Defendant, but the settlement of the said money was made in full, and the claim is extinguished.
Therefore, the plaintiff's claim is rejected.
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.