청구이의의 소
1. The Defendant’s compulsory execution against the Plaintiff by the Incheon District Court Decision 2014 Ghana4706 is denied.
2. This.
1. Facts recognized;
A. On January 14, 2015, the Defendant filed a lawsuit against the Plaintiff for a loan claim as the Incheon District Court Decision 2014 Ghana4706, and rendered a judgment on January 14, 2015 that “the Plaintiff shall pay KRW 20 million to the Defendant and its delayed payment damages” (hereinafter “instant judgment”). The Plaintiff’s objection and the appellate court was proceeding with the Incheon District Court 2015Na2508.
B. Meanwhile, on May 8, 2015, the Plaintiff filed a lawsuit against the Defendant to seek damages against the Incheon District Court Decision 2014Kadan202829, and rendered a judgment on May 8, 2015 that “the Defendant shall pay the Plaintiff KRW 10 million and its delay damages.”
C. On June 1, 2015, the Plaintiff agreed with the Defendant with the following content (hereinafter “instant agreement”).
(1) The Plaintiff and the Defendant respectively take over the case of Incheon District Court 2014Kadan202829, and waives the appeal.
(2) The Plaintiff withdraws the appeal in the case No. 2015Na2508 of the Incheon District Court and is bound by the first instance judgment.
(3) According to each of the above rulings, KRW 20 million and KRW 10 million, which the Defendant is obligated to receive from the Plaintiff and KRW 10 million, which the Plaintiff is obligated to receive from the Defendant, shall be paid at the same time as the withdrawal of the auction, for the remaining difference of KRW 10 million, and KRW 16.68 million, including KRW 6.6 million, in total, and KRW 16.6 million.
On June 2, 2015, the Plaintiff remitted KRW 16,680,00 to C’s account, and withdrawn an appeal against the instant judgment on June 4, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The parties' assertion
A. On June 2, 2015, the Plaintiff’s claim was extinguished by transferring the amount of KRW 16.68 million to C’s account designated by the Defendant, as set-off agreement pursuant to the instant agreement and on June 2, 2015.
Therefore, compulsory execution based on the judgment of this case should not be permitted.
B. The defendant's assertion is that C's account is paid.