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(영문) 대전지방법원서산지원 2019.07.04 2019가합97

청구이의

Text

1. The Defendant’s decision against the Plaintiff is based on the Daejeon District Court Branch Decision 2017Gahap50968 Decided November 16, 2017.

Reasons

1. Facts of recognition;

A. The Defendant obtained each loan of KRW 10 million from D Association around April 26, 2007, and KRW 200 million around September 5, 2008, from D Association, on a parcel of land, other than KRW 460 square meters in Seosan-si, Seosan-si, the Defendant owned by the Defendant, as security, and lent it to the Plaintiff, as it is,.

B. Since then, the Defendant filed a lawsuit against the Plaintiff regarding the above loan as the court 2017Gahap50968, and the above court rendered a judgment on November 16, 2017 that “the Plaintiff shall pay KRW 300 million to the Defendant and the amount calculated at the rate of 5% per annum from December 7, 2008 to the date of full payment,” and the above judgment became final and conclusive thereafter.

(hereinafter referred to as “instant final judgment”) C.

The defendant made an application for a compulsory auction on the real estate owned by the plaintiff to this court E with the above final judgment as executive title, and the above court rendered a decision to commence the auction on May 23, 2018.

In addition, the Defendant filed an application against the Plaintiff for the determination of the amount of litigation costs under this Court Decision 2018Kao-1054, and received a decision from the above court on June 19, 2018 that the Plaintiff is liable to reimburse the Defendant with respect to the instant final and conclusive judgment, which became final and conclusive after the said decision became final and conclusive.

E. After that, the Defendant, via an attorney-at-law, who was the attorney of the instant final judgment, around February 2019, extended KRW 300 million to the Plaintiff.

In lieu of paying the principal and interest of the loan stated in the paragraph, there was an intention to withdraw the application for compulsory auction when paying the attorney fee and the expenses for request for auction.

F. Accordingly, until February 27, 2019, the Plaintiff is affiliated with D Association by subrogation of the Defendant.

A total of KRW 483,425,452 of the principal and interest of loans stated in paragraph (1) was fully repaid, and accordingly, the Defendant’s loans to the above DD association were all extinguished, and the Defendant’s loans were twice twice on April 30, 2019 and May 23, 2019.

4,835,300 won = the sum of the amounts paid in relation to the application for compulsory auction as stated in the paragraph.