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(영문) 대전지방법원서산지원 2020.06.16 2019가단57683

청구이의

Text

1. The Defendant’s Seosan Branch of Daejeon District Court (Main Office) rendered on January 15, 2019 by the Daejeon District Court Decision 2018Kadan52889 (Main Office).

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by taking into account the overall purport of the pleadings as a whole in the entries in Gap evidence 1 to 6 (including branch numbers).

The Plaintiff filed a counterclaim against the Plaintiff and C in this Court’s 2018Gadan52889 Deposit Case, which the Defendant filed against the Plaintiff and C, and this Court rendered a ruling that the Plaintiff shall jointly pay the Defendant the amount of KRW 27,551,270 and the amount of KRW 15% per annum from November 13, 2018 to January 15, 2019 (hereinafter “instant judgment”). In addition, C shall pay the Defendant the amount of KRW 14,790,00 and the amount of KRW 145% per annum from November 13, 2018 to January 15, 2019, and the amount of money calculated at 15% per annum from the next day to the next day (hereinafter “instant judgment”).

B. On October 24, 2019, the Plaintiff and C appealed as the Daejeon District Court 2019Na10268 (principal lawsuit), 2019Na10251 (Counterclaim), but the said court dismissed all appeals filed by the Plaintiff and C on December 12, 2019, and the instant prior judgment became final and conclusive as is, as is, December 12, 2019.

C. On May 27, 2019, the Defendant attached the Plaintiff’s deposit claim against D and E with the seizure and collection order of the claim 2019 other debt 506 in this court, and collected KRW 3,120,90.

In addition, on May 27, 2019, the Plaintiff deposited KRW 26,649,568, after deducting KRW 3,120,90 from the sum of principal and interest pursuant to the preceding judgment of this case, 29,770,468, the sum of the principal and interest pursuant to the preceding judgment of this case, as the principal and interest pursuant to the preceding judgment of this case, on the ground of the Defendant’s rejection of receipt.

2. According to the facts in front of the determination as to the cause of the claim, KRW 27,51,270 per annum for the Plaintiff’s principal against the Defendant based on the instant preceding judgment and KRW 29,770,468 per annum from November 13, 2018 to May 27, 2019, and KRW 3,120,90 for the Defendant’s collection amount and KRW 266.