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1. It is based on the Defendant’s Seoul District Court Jinwon Branch Decision 2016Kadan5173 Decided September 9, 2016.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 150 million with the Changwon District Court Jinju Branch 2016Kadan5173, the Defendant filed a lawsuit against the Plaintiff (hereinafter “instant judgment”). On September 9, 2016, the said court rendered a judgment to the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 150 million with the interest of KRW 150 million and the interest of KRW 15% per annum from June 23, 2016 to the date of full payment” (hereinafter “instant judgment”).
(2) On June 1, 2017, the Plaintiff filed an appeal to the Busan High Court (2016Na24096), which was dissatisfied with the judgment of the first instance court, but was sentenced to the dismissal of an appeal by the said court on June 1, 2017, and thereafter appealed, the Supreme Court rendered a judgment dismissing the appeal on August 25, 2017, and the judgment of the appellate court became final and conclusive as it is.
B. On October 12, 2016, the Plaintiff deposited KRW 50 million with the Changwon District Court No. 3922, the Defendant deposited the Defendant as the principal deposit. On September 25, 2017, the Defendant paid the above deposit money. Meanwhile, the Defendant applied for a compulsory auction of real estate in the name of the Plaintiff to the Changwon District Court B for a compulsory auction of real estate in order to receive a loan claim under the instant judgment, and received a decision on compulsory auction of real estate from the said court on November 15, 2017.
(3) On December 28, 2017, the Plaintiff deposited the total amount of KRW 13,314,580,000, the remainder after deducting the principal of the loan credit under the instant judgment from the amount of KRW 150,000,000,000 already received by the Defendant from the Defendant’s damages for delay until December 28, 2017, under Article 2181 of the Changwon District Court Seoul District Court Jinju Branch Branch Branch Branch, 2017, with the Defendant as the principal of the loan credit, and the purport of the entire pleadings.
2. The parties' assertion
A. The Defendant asserted by the Plaintiff as the Changwon District Court No. 3922, 2016.