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(영문) 광주지방법원 2019.12.24 2019가단12836
청구이의
Text

1. The defendant's compulsory execution against the plaintiff by the Gwangju District Court Decision 2017Gaso531597 is denied.

2...

Reasons

1. Facts of recognition;

A. On January 18, 2019, the judgment of the court of final appeal rendered against the Plaintiff was final and conclusive on June 13, 2019 by the Supreme Court of Gwangju District Court Decision 2019Da212549 Decided April 24, 2018, which cited the entire claim amount of KRW 6,437,750 on the claim for the purchase of goods by the Defendant for the purchase of goods.

(hereinafter referred to as “the final and conclusive judgment of this case”)

B. The Defendant filed an application for a compulsory auction to this court C for corporeal movables owned by the Plaintiff with the final judgment of this case as the executive title, and on June 24, 2019, the Plaintiff deposited for repayment (hereinafter “instant deposit”) with the Plaintiff KRW 8,397,010 in total the principal and interest and compulsory execution expenses pursuant to the final judgment of this case (i.e., the costs of compulsory execution are KRW 189,320) as the court money6253 in 2019.

C. In the final and conclusive judgment of this case, a judgment was rendered at the expense of the losing party, and the procedure to determine the amount of litigation costs at the Defendant’s request was not carried out after the judgment became final and conclusive.

[Ground of recognition] Evidence No. 1-3, Evidence No. 2-5, and the purport of the whole pleadings

2. Appropriateness of the request;

A. According to the above facts, the principal and damages for delay until June 24, 2019 according to the final judgment of the instant case, and expenses for compulsory execution based on the final judgment of the instant case were fully paid upon the deposit of the instant case.

Therefore, the obligation according to the final judgment of this case was extinguished.

Therefore, compulsory execution should not be permitted in accordance with the final judgment of this case.

B. As to this, the Defendant was judged to bear the costs of lawsuit relating to the final judgment of this case, and thus, compulsory execution according to the final judgment of this case shall be allowed until the Plaintiff was paid the costs of lawsuit relating to the final judgment of this case.

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