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(영문) 서울고등법원 2016.03.03 2015나2038796

강제집행 청구이의

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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

The principal lawsuit and counterclaim shall be judged together.

The lower court rendered a judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 55 million per annum from May 26, 2011 to February 7, 2014; and 20% per annum from the next day to the day of full payment. Of the total litigation costs, 50% of the total litigation costs shall be borne by the Plaintiff, and the remainder shall be borne by the Defendant,” which became final and conclusive around that time.”

(Seoul High Court Decision 2012Na89414 decided Feb. 7, 2014; hereinafter “instant final judgment”). On February 17, 2014, the Plaintiff sent facsimile to the Defendant that he would pay the money pursuant to the instant final judgment on February 19, 2014. On the same day, around 15:07, the Defendant sent the Plaintiff the total amount of KRW 1/2 of the principal and deposited until the deposit pursuant to the said final judgment, the amount of KRW 1,637,50 out of the principal and deposited amount of KRW 1,637,50, the total amount of KRW 1/2 of the principal and deposited amount of KRW 2014No980, KRW 201, KRW 2080, KRW 2085, KRW 2015, KRW 2085, KRW 2015, KRW 2085, KRW 2015, KRW 2085,515,20145.

The Defendant’s compulsory execution 1) the Defendant provisionally seized C’s right to claim the return of the lease deposit by preservative measure (Seoul Central District Court 201Kadan144, hereinafter “the provisional seizure of the instant claim”) in order to bring a lawsuit against the Plaintiff and C at the beginning.

The defendant is actually against the plaintiff and C.