청구이의
1. The Defendant’s Changwon District Court (Seoul District Court Decision 2018Gadan12829 Decided June 19, 2019) rendered a judgment on the Defendant’s case.
1. The full amount of the penalty and damages for delay ordered the payment against the plaintiffs in the judgment of the Changwon District Court 2018Gadan12829 decided on February 20, 2020 that the plaintiffs deposited the payment of the penalty and damages for delay, and the fact that the defendant received the deposit does not conflict between the parties.
Therefore, since the obligations of the plaintiffs against the defendant based on the above judgment were extinguished, compulsory execution based on the above judgment cannot be permitted.
2. The defendant's assertion argues that since the plaintiffs did not deposit the costs of lawsuit, the defendant's failure to perform all the obligations indicated in the judgment shall not be excluded from the enforcement power of the above judgment.
However, the costs of lawsuit by the final decision of the amount of litigation are not subject to the executory power of the original decision (see, e.g., Supreme Court Decision 2004Da818, Oct. 12, 2006). Since the final decision of the costs of lawsuit can be executed separately with the executory power of the final decision of the costs of lawsuit, the above argument by the
3. The plaintiffs' claim is justified and accepted.