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(영문) 대전지방법원 2019.08.22 2018가단16543

청구이의

Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Daejeon District Court Decision 2018Kadan20704 Decided June 21, 2018.

Reasons

1. Basic facts

A. The Plaintiff leased the real estate owned by the Plaintiff to the Defendant, without additional rent, by setting the lease deposit amount of KRW 350 million, and from July 29, 2016 to July 28, 2018, the term of lease was from July 2016 to July 28, 2018. On March 1, 2018, the Defendant was a director of the said real estate, and the Plaintiff returned the amount of KRW 150 million out of the lease deposit to the Defendant on the same day.

B. On June 21, 2018, the Defendant filed a lawsuit against the Plaintiff for a claim for the return of deposit with the Daejeon District Court 2018Kadan207004, and on June 21, 2018, the Defendant rendered a judgment with no pleadings stating that “the Plaintiff shall pay to the Defendant the amount of KRW 150,000,000 and the interest calculated at the rate of 5% per annum from March 1, 2018 to April 16, 2018, and 15% per annum from the next day to the date of full payment.”

(hereinafter referred to as “the judgment prior to the instant lawsuit”). The judgment prior to the instant lawsuit was finalized on July 11, 2018.

C. On July 27, 2018, the Plaintiff deposited KRW 150,000,000 in the remainder of the lease deposit with the Defendant as the Daejeon District Court (Seoul District Court Decision 2018Da4202, Jul. 27, 2018). On August 28, 2018, the Daejeon District Court deposited KRW 9,532,126 as the interest on the remainder of the lease deposit with the Defendant.

Meanwhile, on July 9, 2018, the Defendant, based on the judgment of the previous suit in this case, rendered the Plaintiff and the third obligor as the National Health Insurance Corporation, and received the seizure and collection order as Seoul Eastern District Court 2018TTT 56035.

The execution cost included in the claim amount of the above seizure and collection order case is KRW 306,100.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 3, 11, 12, 16, 19, 21 and 25, and the purport of the whole pleadings

2. After the judgment of the judgment of the previous suit of this case was rendered, the Plaintiff deposited the principal amount of KRW 150 million based on the judgment of the previous suit of this case and KRW 9,532,126 in total, interest for arrears and expenses for enforcement. Thus, the Plaintiff’s obligation to the Defendant was all extinguished.