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(영문) 인천지방법원 2017.10.25 2017가단21496

청구이의

Text

1. The defendant's judgment of the Incheon District Court 2016 Ghana 112047 against the plaintiff is based on the case of brokerage commission.

Reasons

1. Facts of recognition;

A. On April 17, 2017, in Incheon District Court Decision 2016 Ghana12047, which filed against the Plaintiff, the Defendant was sentenced to the judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 881,600 and 15% per annum from December 8, 2016 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive on May 25, 2017.

B. On June 22, 2017, the Plaintiff remitted to the Defendant the instant judgment amounting to KRW 952,973 (i.e., the principal amount of KRW 881,600, which was calculated by the annual rate of KRW 15% from December 8, 2016 to June 22, 2017).

[Ground of recognition] Evidence No. 1, No. 6, and the purport of the whole pleadings

2. According to the above facts of recognition, since the Plaintiff’s obligation to the Defendant according to the instant judgment has ceased to exist on June 22, 2017, compulsory execution based on the instant judgment against the Defendant should be dismissed.

Although the defendant asserts to the effect that "the compulsory execution based on the judgment of this case shall be permitted as it has not been repaid the costs of lawsuit from the plaintiff," the defendant shall receive a separate decision on the amount of litigation costs against the plaintiff and receive them as the executive title, so the above argument by the defendant is without merit.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.