청구이의
1. The instant lawsuit shall be dismissed.
2. With respect to cases where this Court applies for the suspension of compulsory execution 2018 Chicago30358, May 24, 2018
1. Facts of recognition;
A. On July 20, 2017, the Defendant filed a lawsuit against the Plaintiff for a loan as Seoul Central District Court 2017Gaso2313, and was sentenced to a favorable judgment on the provisional execution declaration as follows.
(hereinafter “Court of First Instance”) 1. The Plaintiff shall pay to the Defendant 18,947,177 and 24% interest per annum from October 1, 2014 to the date of full payment.
2. The costs of lawsuit shall be borne by the Plaintiff.
3. Paragraph 1 can be provisionally executed.
B. The Plaintiff appealed against the above judgment of the first instance court, and the appellate court filed a counterclaim.
On November 17, 2017, Seoul Central District Court Decision 2017Na52216 (principal lawsuit), and in the case of unjust enrichment, 2017Na7308 (Counterclaim), the judgment below was rendered.
(hereinafter “Appeal Judgment”) Of the judgment of the first instance, the part against the Plaintiff ordering payment of KRW 11,646,721 to the Defendant (i.e., principal amount of KRW 4,981,325 and KRW 6,65,396) and the part against the Plaintiff ordering payment of KRW 4,981,325 as to KRW 4,981,325, which is calculated at the rate of 24% per annum from September 8, 2014 to the date of full payment, shall be revoked, and the Defendant’s main claim corresponding to the above revoked part shall be dismissed.
2. The plaintiff's appeal against the remainder of the principal lawsuit and the plaintiff's counterclaim raised in the trial are dismissed.
C. Accordingly, the Defendant appealed to the Supreme Court regarding the part against which December 28, 2017 was lost, and the Supreme Court Decision 2018Da202088 (principal lawsuit) and the case of unjust enrichment is currently pending in the Supreme Court Decision 2018Da263731 (Counterclaim).
On November 14, 2017, the Defendant, based on the judgment of the first instance court of the provisional execution sentence, received a decision of compulsory commencement of compulsory sale of the Plaintiff’s real estate as Suwon District Court Sejong, and on November 21, 2017, immediately after the judgment of the appellate court, the Plaintiff calculated the principal and interest of the judgment of the appellate court and transferred KRW 15,482,204 to the Defendant’s deposit account.
On the other hand, on May 16, 2018, the defendant seized corporeal movables against the plaintiff according to the above appellate judgment.
[Reasons for Recognition] A.