청구이의
1. The Defendant’s judgment against the Plaintiff is based on the 2010 Ghana District Court Decision 2010Da7384 Decided September 1, 2010.
1. On September 1, 2010, the Defendant filed a lawsuit with the Plaintiff seeking the payment of the amount of reimbursement against the Plaintiff, and the judgment of September 25, 2010, stating that “the Plaintiff shall pay to the Defendant 10,000,000 won and interest calculated at the rate of 20% per annum from August 21, 2010 to the date of full payment” (hereinafter “instant judgment”), which became final and conclusive on September 25, 2010.
[Ground of recognition] Unsatisfy, Gap evidence 1
2. The assertion and judgment
A. The Plaintiff’s assertion asserts that, since all obligations based on the instant judgment have been repaid, compulsory execution based on the above judgment should be dismissed.
B. 1) In full view of the overall purport of the arguments in the evidence Nos. 2 through 4, the Defendant’s collection order and seizure and collection order (hereinafter “instant seizure and collection order”) based on the judgment of the instant case, based on the Seoul Western District Court Order 2010TTT 22547 dated December 28, 2010.
2) According to the above facts, it is recognized that the Defendant collected KRW 122,360,374 on April 18, 201 based on the seizure and collection order of this case, and KRW 1,123,734 on June 2, 201, since the Plaintiff fully repaid the principal and interest of the obligation based on the judgment of this case as of June 2, 201, the compulsory execution based on the judgment of this case should be denied.
(The defendant does not dispute the fact that the debt has been fully repaid). 3. Conclusion, the plaintiff's claim is justified.