청구이의
1. The defendant's decision on November 16, 2017 was rendered by the Daegu District Court of Justice Kimcheon-si, Seoul Special Metropolitan City, Kimcheon-si, 2017.
1. Comprehensively taking account of the purport of the entire arguments in each of the evidence Nos. 1 and 3 (Deposit) and the purport of the entire pleadings, the Defendant filed a lawsuit against the Plaintiff on November 16, 2017 against the Plaintiff for the claim for the collection of KRW 18,157,792, and the Plaintiff rendered a ruling to pay to the Defendant 15% per annum from January 9, 2015 to December 29, 2016, and 15% per annum from the next day to the date of full payment. The Plaintiff may recognize the fact that the Plaintiff deposited KRW 22,779,323 pursuant to Article 248 (1) of the Civil Execution Act with the Daegu District Court Decision No. 2018, Jan. 12, 2018.
2. On the other hand, a creditor who collects a claim upon receipt of a collection order is a kind of collection agency according to the authorization of the execution court, and collects the claim from a third debtor for all creditors who participated in the seizure or distribution. Thus, if a third debtor makes a deposit for execution pursuant to Article 248(1) of the Civil Execution Act, the principal effect would be the discharge of the debtor's obligation, and the same applies to the case where a creditor has received a favorable judgment by filing a claim against a third debtor for a collection, and barring any special circumstance, the plaintiff extinguished all of the above judgment debt upon the execution deposit as above on January 12, 2018.
I would like to say.
(3) The Plaintiff’s obligation to the Defendant is extinguished, and compulsory execution based on the above judgment is no longer permissible, since the Defendant received only a part of the above judgment in the distribution procedure following the above execution deposit, received a decision to determine the amount of litigation costs related to the above judgment against the Plaintiff, or the Defendant filed an application for compulsory execution with the above judgment as an executive title on January 15, 2018, which was after the said judgment was extinguished.