청구이의
The defendant's decision of performance recommendation is based on the Chuncheon District Court 2017 Ghana678 loan case against the plaintiff.
1. Facts of recognition;
A. On November 15, 2017, the Defendant filed a lawsuit against the Plaintiff for a loan claim (Sacheon District Court 2017Gaso6778), and this court rendered a decision of performance recommendation that “the Plaintiff shall pay to the Defendant 25,00,000 won and the amount calculated by the rate of 5% per annum from May 31, 2014 to the delivery date of a duplicate of the complaint, and 15% per annum from the next day to the full payment date,” and the said decision of performance recommendation was served on November 24, 2017 and finalized on December 9, 2017.
hereinafter referred to as “instant decision on performance recommendation”
b.
On February 28, 2020, the defendant applied for a compulsory auction on an automobile owned by the plaintiff to the Chuncheon District Court by making the execution title of the decision on performance recommendation of this case as the execution title, and "the auction procedure of this case" is called 'the auction procedure of this case.
(a) was commenced.
C. On April 13, 2020, the Plaintiff deposited KRW 854,48,637, and KRW 1637,537, which is the sum of KRW 4,363,01 per annum, calculated at the rate of 5% per annum from May 31, 2014 to November 24, 2017, plus KRW 8,948,630, calculated at the rate of 15% per annum from November 25, 2017 to April 13, 2020, the sum of KRW 25 million per annum based on the decision of performance recommendation in this case by the Chuncheon District Court 2018Ma7525, Jul. 25, 2018, deducting KRW 854,480,757, and 1630 collected by the Defendant from the debt seized by the Defendant under the Chuncheon District Court 2018Ma7522.
37,457,163 = 25,00,000 4,363,013 8,948,630 - 854,480
D. The defendant on April 16, 2020
The total amount of the stated deposits was reserved and received.
E. On May 7, 2020, the Plaintiff submitted a deposit guaranty insurance policy (5 million won) to this court upon filing an application for the suspension of compulsory execution with the 2020KadanMa10, and submitted a written decision on the suspension of compulsory execution to the Chuncheon District Court on May 11, 2020, upon receiving a decision on the suspension of compulsory execution (the suspension of execution until the main judgment of this case is pronounced) from this court.
[Ground of recognition] The fact that there is no dispute, Gap's No. 1, 2, Eul's No. 1, and the purport of the whole pleadings.