강제집행 청구이의
1. The Seoul High Court Decision 2012Na89414 Decided February 7, 2014 (Seoul High Court) against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff.
The summary of the case is the case that the defendant seeks the exclusion of executory power over the above judgment against the defendant on the ground that the plaintiff fully repaid his/her obligation based on the final judgment (the principal lawsuit), and that the defendant seeks the payment of consolation money due to tort against the plaintiff on the ground that he/she illegally acquired personal information, obstructed claims collection, lawsuit fraud, and defamation.
The lower court rendered a final judgment that “the Plaintiff shall pay to the Defendant 55 million won and the amount equivalent to 5% per annum from May 26, 2011 to February 7, 2014, and 20% per annum from the next day to the day of full payment. Of the total litigation costs, 50% of the total litigation costs are the Plaintiff, and the remainder 50% is the Defendant, respectively.”
(Seoul High Court Decision 2012Na89414 decided February 7, 2014). On February 17, 2014, the Plaintiff sent a facsimile to the Defendant that he/she would pay the judgment amount according to the said final judgment on February 19, 2014. On February 17, 2014, the Defendant sent the Plaintiff a facsimile call to the Defendant that he/she would pay the judgment amount according to the said final judgment on February 19, 2014. On the same day, around 15:07, the Defendant sent 1/2 out of the total amount of KRW 1,637,50, 201,150 to the Defendant’s new bank account.
On February 18, 2014, the Defendant sent facsimile to the Plaintiff that the Plaintiff would be urged to pay the Plaintiff on February 17, 2014, but the Defendant refused compulsory execution (e.g., seizure of claims) against the Plaintiff. However, the Defendant sent facsimile to the effect that the Plaintiff would additionally pay for the costs of additional execution.
On February 19, 2014, the Plaintiff remitted total of KRW 55 million to the Defendant’s account and KRW 7,805,480 from May 26, 2011 to February 19, 2014, KRW 818,750 as requested by the Defendant, and KRW 63,825,380 as total of KRW 63,825,380 as cost of prepayment of the execution cost (2014.980).
Provisional attachment of the defendant's claims (Seoul Central District Court 201Kadan144).