청구이의
1. The Defendant’s contract amount to the Plaintiff (the principal lawsuit) and the contract amount, 2014Na12536 (the principal lawsuit) on May 22, 2015.
1. The facts subsequent to the facts of recognition may be recognized either in dispute between the parties or in full view of the respective entries in Gap evidence 1, 2, 3, and 4 (including paper numbers) and the whole purport of the pleadings.
The plaintiffs filed a lawsuit against the defendant as Busan District Court's Dong Branch 2014Kadan9078, and the defendant filed a counterclaim against the plaintiffs as 2014Kadan9085.
B. On July 17, 2014, the above court ordered the defendant to pay 5% interest per annum from July 31, 2013 to July 17, 2014 and 20% interest per annum from the next day to the day of full payment, and ordered the defendant to dismiss the plaintiffs' remaining principal claim and the defendant's counterclaim claim.
C. The Defendant appealed against the above judgment, and the appellate court (the Busan District Court 2014Na12536, 2014Na12543 (Counterclaim)) accepted part of the counterclaim, and ordered the Plaintiffs to pay to the Defendant 16,630,137 won each year from April 8, 2014 to May 22, 2015, the amount of 5% per annum from the next day to May 22, 2015, and 20% per annum from the next day to the day of full payment, and ordered the Defendant to dismiss the remainder of the appeal.
The above appellate judgment became final and conclusive as is. D.
The Plaintiffs set off the amount to be paid by the Defendant according to the principal suit in the instant case and the amount to be paid to the Defendant according to the counterclaim, and paid the Defendant the total of KRW 13,539,542 on November 2, 2015, including the principal amount of KRW 12,447,864, interest of KRW 1,091,668, respectively.
2. According to the above facts of recognition as to the cause of the claim, since the defendant's claims against the plaintiffs under the above appellate court's judgment against the plaintiffs were extinguished on November 2, 2015 due to the plaintiffs' repayment, compulsory execution based on the above appellate court's judgment is no longer allowed.
3. In conclusion, the plaintiffs' claims are justified, and provisional measures are to be taken in accordance with Article 47(1) of the Civil Execution Act.