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(영문) 서울동부지방법원 2014.12.12 2014가합4635

청구이의

Text

1. The Defendant’s Seoul Eastern District Court Decision 2012Gahap6422 and the Seoul High Court Decision 2012Na92748 against the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s executive title against the Plaintiff (1) filed a claim against the Plaintiff for the payment of promissory notes, etc. with Seoul Eastern District Court 2012Gahap6422, and the said court rendered a judgment on October 11, 2012, that “the Plaintiff shall pay to the Defendant the amount of KRW 500 million per annum from April 27, 2012 to May 18, 2012, 6% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment.”

(2) As to the above judgment, the Plaintiff appealed as Seoul High Court 2012Na92748. On November 27, 2013, the said court rendered a judgment to the effect that “the Plaintiff shall pay to the Defendant 385,019,178 won and interest calculated at the rate of 6% per annum from December 28, 2012 to November 27, 2013 and 20% per annum from the next day to the day of full payment” (hereinafter collectively referred to as “each of the instant judgments”).

B. On May 10, 2013, the Defendant’s execution cost and cost of litigation (1) commenced a compulsory auction procedure for the real estate owned by the Plaintiff to Seoul Eastern District Court C upon the Defendant’s application. At the above auction procedure, the Defendant paid KRW 3,709,010 [2,69,010 [2,69,850 won for the auction deposit - 652,550 won for the balance of the auction deposit deposit - 652,50 won for the Plaintiff’s preparatory documents as of October 13, 2014] + registration license tax of KRW 1,438,410 + registration license tax of KRW 3,000 + service fee of KRW 223,300 + stamp 5,000].

(2) On June 11, 2014, the Defendant filed a petition against the Plaintiff for the determination of the amount of litigation costs with Seoul East Eastern District Court 2014Kaob259, and received a decision that “The amount of litigation costs to be repaid by the Plaintiff to the Defendant by each of the instant rulings shall be determined as KRW 8,208,180.” The Plaintiff filed a petition against the said decision with Seoul High Court 2014Ra804, but was dismissed on November 17, 2014. The Plaintiff filed a reappeal against the said decision on November 26, 2014, and continued the reappeal at the present time.