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(영문) 수원지방법원성남지원 2019.01.11 2018가단220269

청구이의

Text

1. The judgment of Suwon District Court 2013Na277 against the Defendant’s Plaintiff is enforceable.

Reasons

Facts of recognition

- On February 13, 2014, the Suwon District Court sentenced the Defendant to pay 31,471,512 won as well as 5% per annum from November 3, 201 to February 13, 2014, and 20% per annum from the next day to the day of full payment (hereinafter “instant judgment”). The said judgment became final and conclusive on June 26, 2014.

- The Defendant’s obligee C received a claim and collection order against the Defendant for the amount of KRW 6,774,943 out of the judgment bond of this case against the Plaintiff as set forth in the Suwon District Court Decision 2011Gau81358, based on the claim for the judgment deposit No. 2011Gau819 against the Defendant, which became final and conclusive around that time by accepting the Defendant’s claim seizure and collection order against the Plaintiff.

- The Defendant’s creditor D obtained the Defendant’s claim attachment and collection order against the Defendant, based on the executory order of payment with the Suwon District Court 201j2892, Sung-nam District Court 201Da2892, from the Sungwon District Court 2015TT2494, against the Defendant’s claim for KRW 16,939,163 among the judgment bond bonds of this case against the Plaintiff, and became final and conclusive around that time.

- On March 25, 2015, the Plaintiff repaid each of the above collection amount of KRW 6,774,943 to C, and KRW 16,939,163 to D.

- The Defendant requested E to collect the judgment bond of this case, and the Plaintiff repaid KRW 8,000,000 out of the judgment bond of this case by March 3, 2015.

[Ground of recognition] According to the facts of recognition as to Gap's evidence Nos. 1, 2, 3, 6, 9, and 10 (including a serial number; hereinafter the same shall apply) and the ground of claim as to the whole of the pleadings, the plaintiff paid KRW 31,714,106 out of the judgment bond of this case until March 25, 2015 (= KRW 6,774,943, KRW 16,939,163, KRW 8,00,00,00, which is the last repayment date, as requested by the plaintiff. As of March 25, 2015, the amount of the judgment bond of this case as of March 25, 2015 was 42,051,112 won [principal 31,471,512 won through delay damages from November 3, 2011 to February 13, 195, 2013>