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(영문) 서울중앙지방법원 2017.12.15 2017가단58145

청구이의의 소

Text

1. The Defendant’s Seoul Central District Court Decision 2013Gaso87373 decided April 23, 2014 and the same court’s decision with respect to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 2,00,000 as Seoul Central District Court Decision 2013Da3773, supra.

On April 23, 2014, the above court rendered a judgment to the effect that "the plaintiff shall pay to the defendant the amount of KRW 2,000,000 and 30% interest per annum from January 1, 2013 to the date of full payment."

B. The Plaintiff lodged an appeal as Seoul Central District Court 2014Na38172 against the judgment of the first instance court.

On October 31, 2014, the appellate court rendered a judgment on the ground that the Defendant claimed damages for delay calculated at the rate of 30% per annum, but there is no evidence to acknowledge it, that the judgment of the first instance court is modified as follows. The Plaintiff rendered a judgment on the purport that “The Plaintiff shall pay to the Defendant 2,00,000 won and interest calculated at the rate of 5% per annum from January 1, 2013 to October 31, 2014, and 20% per annum from the next day to the date of full payment (hereinafter collectively, the judgment of the first instance and the appellate court).”

C. The Plaintiff appealed against the judgment of the appellate court, but the Supreme Court rendered a judgment dismissing the appeal on March 20, 2015, and the judgment of the appellate court became final and conclusive.

Based on the judgment of the first instance court and the judgment of the appellate court in Seoul Central District Court, C and D, the Defendant applied for a compulsory auction on the Plaintiff’s share (42/130) and the Plaintiff’s share (64.78/202.44) among the multi-household multi-household multi-family housing owned by the Plaintiff on the land, and received a compulsory auction order from the above court on July 10, 2014 and January 5, 2015.

(hereinafter “instant compulsory execution”). E.

On January 26, 2017, the Plaintiff deposited KRW 2,563,820 with the Defendant as the principal deposit in accordance with the Seoul Northern District Court Decision 0462 in 2017, and the Defendant reserved an objection.

2. 10. Payment of the deposit was made.

F. On the other hand, the defendant's compulsory execution of this case.