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(영문) 창원지방법원통영지원거제시법원 2019.02.14 2018가단10078

청구이의

Text

1. The Defendant’s damage compensation case No. 2017 Ghana656, which was rendered by the Changwon District Court for the Plaintiff. < Amended by Presidential Decree No. 28600, Aug. 1, 2018>

Reasons

1. In fact, the Defendant filed a lawsuit claiming damages against the Plaintiff and Nonparty C as stated in the Disposition No. 1.

The order of the judgment rendered on February 8, 2018 was that "the defendants jointly pay to the plaintiff 2,617,050 won with 5% interest per annum from April 23, 2015 to December 27, 2017, and 15% interest per annum from December 28, 2017 to the date of full payment."

On October 4, 2018, the Plaintiff deposited KRW 2,617,050 of the principal of the above judgment and KRW 653,186 of the interest interest until October 4, 2018, and KRW 101,000 of the cost of execution of the bond seizure and collection order, which the Defendant applied for, and KRW 3,371,236 of the original judgment.

[Ground of recognition] The damage claim ordered by the defendant in the above judgment was extinguished due to the plaintiff's deposit for repayment.

Thus, the plaintiff's claim seeking the exclusion of the above judgment's executory power against the plaintiff is accepted as reasonable.