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(영문) 서울중앙지방법원 2016.04.20 2015가단87552

청구이의

Text

1. The defendant's claim for damages against the plaintiff is based on the judgment of the Seoul Central District Court 2009 Ghana38478.

Reasons

1. Basic facts

A. On August 13, 2009, the Defendant filed a lawsuit against the Plaintiff for damages (Seoul Central District Court 2009 Ghana38478), and sentenced the said court to the effect that “the Plaintiff shall pay to the Defendant 7,830,360 won and interest calculated at the rate of 5% per annum from August 9, 2006 to August 13, 2009, and 20% per annum from the next day to the day of full payment.” The said judgment became final and conclusive around that time.

(hereinafter “instant judgment”). (b)

The Defendant collected KRW 1,780,602 on December 31, 2009 and up to that time appropriated interest of KRW 1,179,917 [i.e., interest of KRW 1,179,917 from August 9, 2006 to August 13, 2009 [=7,830,360 x 5%) x 1100/365 x 600,685 won from August 14, 2009 to December 31, 2009 [7,830,360 x 20 x 20 x 140/365 x 20 x 140/365)].

C. On February 26, 2014, the Defendant filed an application for compulsory auction with respect to C, C, 727 square meters, D, 1521 square meters, and E, 831 square meters of forest land (hereinafter referred to as “land number alone”) at the time of leisure owned by the Plaintiff, and received a ruling to commence the auction with Gwangju District Court’s Netcheon Support Fund.

(hereinafter “instant auction”). In the instant auction procedure, the article number is

3. The forest land E was sold in KRW 36.1 m2,000,000,000.

On November 11, 2014, the Plaintiff deposited (Seoul Central District Court Decision 25649, 201) for repayment (Seoul Central District Court Decision 25649, 201). The Plaintiff deposited (Seoul Central District Court Decision 7,180,962 won with interest of KRW 7,180,962 won with interest of KRW 7,596,963 won with interest of KRW 7,180,963).

On April 20, 2015, the Defendant reserved and withdrawn an objection against the deposit.

E. On May 18, 2015, the Plaintiff received a decision to suspend compulsory execution (Seoul Central District Court 2015Kadan165, hereinafter “decision to suspend compulsory execution”) that compulsory execution based on the instant judgment is suspended until the instant judgment is pronounced.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The plaintiff.