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(영문) 수원지방법원 오산시법원 2018.01.18 2017가단241

청구이의

Text

1. The Defendant’s judgment against the Plaintiff is based on the Suwon District Court Decision 2016Gada11071 Decided January 19, 2017.

Reasons

1. Basic facts

A. On January 19, 2017, the Defendant filed a lawsuit against the Plaintiff for damages against the Suwon District Court Decision 2016Gau11071, and the said court rendered a judgment on January 19, 2017, stating that “5,548,464 won and the amount calculated by the rate of 5% per annum from May 31, 2014 to January 19, 2017, and 15% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

B. On February 22, 2017, the Defendant filed an application for a compulsory auction on the real estate owned by the Plaintiff with the Suwon District Court C with the title of execution.

C. On September 7, 2017, the Plaintiff stated the total amount of KRW 6,808,653 in the instant judgment that ordered payment as KRW 6,808,649, which appears to be a clerical error.

Meanwhile, 8,966,983 won (i.e., KRW 5,548,468 won) (i.e., KRW 533,461 won, KRW 526,724 won, KRW 1,672,30, KRW 400, KRW 46,00, KRW 300, KRW 300, KRW 46,000, KRW 300, KRW 46,000, KRW 300, and KRW 6,808,653, based on the instant judgment shall be deemed to have been deposited, notwithstanding any clerical error.

(i) From May 31, 2014 to January 19, 2017, the Defendant, including interest of 5% per annum 733,461 won from January 20, 2017 to September 7, 2017, bears the Defendant’s obligation of KRW 8,967,539 in total, including interest of 5% per annum 733,461 won from January 20 to September 7, 2017. The Suwon District Court claimed that the Defendant received the seizure and collection order of each claim of KRW 2017TTT3318,4409, and deposited the said KRW 8,967,539 (hereinafter “instant deposit”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination

A. The facts of the above recognition as to the cause of the claim.