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(영문) 서울서부지방법원 2017.06.08 2017가단5337

청구이의

Text

1. The Defendant’s compulsory collection against the Plaintiff is denied based on the judgment of 2015 Ghana 19695 Decided February 17, 2016.

Reasons

1. ① On February 17, 2016, the Defendant filed a lawsuit against the Plaintiff for damages under this court’s 2015 Ghana19695, and rendered a favorable judgment against the Defendant that “the Plaintiff shall pay 5% interest per annum from December 26, 2013 to February 17, 2016, and 15% interest per annum from the next day to the date of full payment,” and that “the Plaintiff shall pay the Defendant 12,426,518 interest and interest per annum from February 26, 2013 to February 17, 2016.” The above judgment becomes final and conclusive at that time, ② the Plaintiff was served with the original copy of the said judgment on February 19, 2016 (gold) and attempted several times to communicate with the Defendant for repayment of the principal and interest of the said judgment, but the Defendant refused to receive the amount from the Defendant, and the Plaintiff’s deposit KRW 13786,304 to 2786,2716.3 of this judgment.

2. The defendant asserts to the effect that compulsory execution according to the above judgment should be allowed to collect the above costs, since the expenses equivalent to KRW 3,700,030 have been disbursed for compulsory execution based on the above judgment.

Comprehensively taking account of the evidence No. 1 written in the evidence mentioned above, the defendant served the original copy of the above judgment on February 22, 2016 and the following day.

2.(B)A certified judicial scrivener shall request compulsory execution based on the above judgment and recognize the fact that he/she has filed an application for compulsory auction of real estate with this court for an apartment (Seoul Mapo-gu and 1 D Apartment No. 12, 1102, 12) owned by the plaintiff on the same day.

However, the foregoing.