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(영문) 서울북부지방법원 2017.02.03 2016가단126620

청구이의

Text

1. Compulsory execution against the Defendant’s Plaintiff based on this Court Decision 2014Da123818 Decided October 7, 2015.

Reasons

1. Determination on both arguments

A. ① In a case where the Defendant, a creditor of C, filed a claim against the Plaintiff on behalf of the Plaintiff for the “right to claim repayment of shares arising from the termination of the agreement on the business of the Plaintiff,” on October 7, 2015, the lower court sentenced the Defendant to partial favorable judgment (this Court Decision 2014No. 123818; hereinafter referred to as the “ executive title of this case”) stating that “the Plaintiff shall pay 20 million won and the amount of money calculated by the rate of 20% per annum from November 12, 2014 to the date of full payment.” The lower court’s judgment became final and conclusive on October 2015 and the Plaintiff cannot be deemed to have paid 369,260 won per annum to the Defendant on the basis of the executive title of this case, and the fact that the Defendant actually paid 360,000 won per annum to the Defendant on the basis of the enforcement title of this case, which is 40,018,000 won per annum.

B. As to this, the Defendant is dissatisfied with the Plaintiff’s objection before receiving additional payment from the Plaintiff.

참조조문