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(영문) 대구지방법원의성지원 2019.01.30 2018가단789
청구이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 24, 2017, the Defendant filed a lawsuit against the Plaintiff seeking construction payment equivalent to KRW 12,323,400 (12,323,400) with the Daegu District Court’s Sung Branch Branch Branch Decision 2017Da3777, and the Defendant filed a lawsuit against the Plaintiff. On October 24, 2017, the conciliation was concluded that “the Plaintiff shall pay KRW 3,670,000 to the Defendant by November 30, 2017: Provided, That if the said money is not paid by the payment date, the Defendant shall pay the unpaid money plus damages for delay calculated at the rate of 15% per annum from December 1, 2017 to the date of full payment.”

(hereinafter “instant conciliation”). (b)

On May 1, 2018, the Defendant, upon the instant conciliation, issued a collection and seizure order (Seoul District Court Branch Branching 2018TT Branching 2018TT Branching 268) with the Plaintiff as the debtor and the garnishee of the CF, and CF deposited KRW 4,753,777 of the amount of the seized claim (Seoul District Court Branching 2018), and on July 4, 2018, the Defendant deposited KRW 4,101,200, the total amount of the claim upon the instant conciliation, out of the deposited money, and distributed KRW 377,317 of the surplus to the Plaintiff.

(D) The Daegu District Court's gender support D. 【Ground of Recognition】 The fact that there is no dispute, Eul's evidence No. 1, and the purport of the whole pleadings.

2. In a case where a creditor has already satisfied as a whole a compulsory execution based on an executive title generally held as to the legitimacy of the lawsuit of this case is terminated, there is no interest in a lawsuit seeking denial of such compulsory execution by a lawsuit of demurrer against a claim.

(See Supreme Court Decision 96Da52489 delivered on April 25, 1997, etc.). In light of the above, the defendant applied for a seizure and collection order based on the instant conciliation and received the total amount of the claims arising from the instant conciliation, as seen earlier, upon which the defendant applied for a seizure and collection order, and received the distribution of the total amount of claims arising from the instant conciliation. Therefore, compulsory execution against the above amount has already been completed, and the defendant

I would like to say.

Therefore, the instant lawsuit has no interest in litigation.

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