청구이의
1. The defendant's Daegu District Court Branch Decision 2004 Ghana32581 delivered on July 21, 2004 against the plaintiff is based on the defendant's decision.
1. On July 21, 2004, the Daegu District Court Branch Decision 2004Gau32581, a loan that the Defendant filed against the Plaintiff, rendered on the summary of the case, “The Plaintiff shall pay to the Defendant 5,00,000 won and the amount calculated by applying each rate of 6% per annum from June 1, 1996 to June 20, 2004, and 20% per annum from the next day to the date of full payment” (hereinafter referred to as “advance judgment”), which became final and conclusive, there is no dispute between the parties.
2. Determination as to the cause of action
A. On October 2009, the Plaintiff asserted that, while paying KRW 5,000,00 to the Defendant to the police officer in the middle of October 2009, both parties agreed to extinguish all of the claims and obligations based on the previous judgment, and sought non-permission of compulsory execution based on the previous judgment.
However, each statement of Gap evidence Nos. 2 through 4 alone is insufficient to recognize the payment (payment) or agreement as alleged by the plaintiff, and there is no other evidence to prove otherwise.
(B) The Plaintiff, as alleged by the Plaintiff, recovered one copy of the household check from the Defendant, which had been offered as security for the payment of KRW 5,000,000,000 from the Defendant, and discarded it. In addition to the recovery of the above household check, the Plaintiff did not prepare any evidentiary document verifying the repayment and agreement as alleged by the Plaintiff and did not submit any evidentiary document verifying the extinguishment of the claim in the preceding judgment).
On the other hand, on September 28, 2009, the defendant received KRW 3,450,000 from the plaintiff as the repayment of the claim of the preceding judgment.
In the instant case, there was an agreement between the parties on appropriation
Since there is no assertion or proof as to the designation of the debtor or creditor's debt at the time of performance, the above repayment amount from 0.06 (820/365) x 0.06 x 0.06 x 0.2 (510/365) x 0.0.2 (5) (510/365) based on the preceding judgment until September 28, 2009, since there is no assertion or proof as to the designation of the debtor or creditor's debt.