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(영문) 의정부지방법원 2019.10.10 2019가단5345

청구이의

Text

1. Compulsory execution based on the Defendant’s judgment on the amount of litigation costs determined by the District Court Decision 2017Kao-542 against the Plaintiff is 79.

Reasons

1. Basic facts

A. On May 25, 2018, the above court rendered a ruling on May 25, 2018 that “the amount of litigation expenses that the Plaintiff is liable to reimburse to the Defendant by the judgment of the Kubu District Court 2017Gabu District Court 2017Gabu12251 (principal lawsuit) management expenses and damages between the above parties, return of unjust enrichment and damages, and the judgment of the compensation case, to confirm that the amount of litigation expenses that the Plaintiff is liable to reimburse to the Defendant was KRW 124,484, which became final and conclusive around that time.”

(hereinafter referred to as “instant First Order”). B.

On March 12, 2019, the Defendant, based on the first decision of this case, issued a seizure execution on the corporeal movables owned by the Plaintiff to the Jung-gu District Court C.

C. Meanwhile, on April 12, 2019, in the judgment on the amount of litigation costs brought by the Plaintiff against the Defendant, the said court rendered a ruling on April 12, 2019 that “the amount of litigation costs that the Defendant is liable to reimburse to the Plaintiff by the judgment on the return of unjust enrichment between the said parties, and the return of unjust enrichment and damages, the amount of litigation costs that the Defendant is liable to reimburse to the Plaintiff is KRW 44,516,” and the said ruling became final and conclusive around that time.

(hereinafter referred to as “instant Order 2”). 【No dispute exists, entry of Evidence A Nos. 1 and 2, significant facts in this Court, the purport of the entire pleadings

2. The plaintiff's assertion and its determination are asserted by the plaintiff's claim based on the decision of this case, and the plaintiff asserted that if offsetting the defendant's claim based on the decision of this case with the plaintiff's claim based on the decision of this case set-off against the defendant's claim under the decision of this case, no longer exists

The defendant's claim based on the decision of this case is 124,484 won, and the plaintiff's claim is 44,516 won based on the decision of this case. Thus, even if set-off is made according to the plaintiff's argument, the defendant's claim of KRW 79,968 remains.