청구이의
1. The defendant's Daegu District Court 2018Kadan10951 Case and Daegu District Court for the plaintiff.
According to Gap evidence Nos. 1, 2, and 5, the plaintiff was found to have deposited the entire principal and interest of the Daegu District Court Decision 2018Kadan109551 on Jan. 10, 2020 and the decision of the Daegu District Court 2018KaMa225 on Nov. 10, 2020 and the total amount of the principal and interest of the decision of the Supreme Court 2018Kama25 on Dec. 1
However, with respect to executive titles ordering a payment of money, the whole executory power may not be claimed unless the executory power is reimbursed (see, e.g., Supreme Court Decision 2008Da10051, Jul. 10, 2008). The Defendant filed an application for the order of seizure of shares of 2019TT District Court 2019TTTTTT105 and the order of special cashization of shares of 205740 due to compulsory execution based on the above judgment and decision. The fact that the executory power of the above judgment exceeds 16,00,000 won may be acknowledged either as a dispute between the parties or as a whole by taking into account the overall purport of pleadings as stated in the evidence Nos. 3, 4, 1 and 2 above. Thus, the executory power of the above judgment shall be excluded only to the part exceeding 16,00,000 won for enforcement costs.
Therefore, the compulsory execution based on the above judgment and decision should not be permitted to exceed 16,00,000 won for enforcement expenses. Therefore, it is so decided as per Disposition by the court below to accept part of the plaintiff's claim.