청구이의
1.The judgment of the first instance shall be modified as follows:
The defendant's Suwon District Court assistance to the plaintiff.
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 3:
On May 2013, the Defendant filed a lawsuit against the Plaintiff and C for the claim of damages, such as the return of vehicle prices.
(U) On November 6, 2013, the Plaintiff and C jointly and severally paid KRW 4,00,000 to the Defendant of this case by November 30, 2013. If the Plaintiff and C fail to pay the said money by the payment date, a decision of recommending reconciliation was made with the purport that the amount unpaid plus damages for delay calculated at the rate of 20% per annum from the date following the payment date to the date of full payment. The said decision of recommending reconciliation became final and conclusive on November 29, 2013.
(hereinafter referred to as “decision of recommending reconciliation of this case”). B.
On February 5, 2014, upon the Defendant’s application, the decision to commence compulsory sale of a motor vehicle for Done Star motor vehicle owned by the Plaintiff was made.
(Ogsan District Court E). (c)
On February 14, 2014, the Plaintiff deposited KRW 4,166,575 (i.e., principal 4,00,000,000) (i.e., delay damages calculated by 20% per annum from December 1, 2013 to February 14, 2014) with the Defendant as the principal deposited as the principal (i.e., KRW 16,575,00).
(Yisan District Court Decision 2014No. 188). 2. The allegations of the parties and their decisions
A. The plaintiff of the parties asserted that the compulsory execution based on the decision of recommending reconciliation of this case should not be permitted, since the plaintiff deposited the full amount of debt according to the decision of recommending reconciliation of this case. Accordingly, the defendant asserts that the above deposit does not include the execution cost (see attached Form 1, 2 damage claim expenses) paid by the defendant, and that the execution of the full title of debt cannot be excluded.
B. In order for the judgment creditor to collect the cost of execution, a special executive title such as the final decision of the cost of lawsuit.