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(영문) 전주지방법원정읍지원부안군법원 2016.11.25 2016가단48
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 29, 2007, the Defendant filed a loan claim suit against the Plaintiff by the Jeonju District Court Decision 2006Gau8405, the Jeonju District Court Decision 2006, the Defendant rendered a judgment that “The Plaintiff shall pay to the Defendant 10 million won and the amount calculated by the rate of 5% per annum from April 1, 2004 to January 18, 2007 and 20% per annum from the next day to the date of full payment”.

Accordingly, the above judgment became final and conclusive since the parties did not appeal.

(hereinafter referred to as the “final judgment of this case”). B.

The defendant applied for a compulsory auction of real estate to Jeonju District Court Branch C as a right to execute the final judgment of this case, and the defendant received 4,548,390 won as of December 26, 2007 and 3,416,687 won as of May 9, 2008 in the auction procedure in progress.

C. On December 4, 2015, the Plaintiff deposited KRW 5,310,266 with the Jeonju District Court Decision 2015, 2015, No. 8, 2015, for the reason that the Plaintiff could not be repaid due to the lack of contact with the Defendant.

On May 23, 2016, the defendant did not state his/her intention to withhold an objection and recovered the above KRW 5,310,266.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion not only received dividends of KRW 4,548,390 as of December 26, 2007, and KRW 3,416,687 as of May 9, 2008, but also recovered KRW 5,310,266 as of May 23, 2016 without reservation, and thus, the Defendant’s claim against the Plaintiff was all extinguished based on the instant final judgment.

B. If there is a dispute as to the amount of one obligation, the obligor made a deposit by clarifying the cause of deposit that the full amount of obligation is repaid, and the obligee received the deposit and as part of the claim to the deposited official or the obligor.

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