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(영문) 의정부지방법원연천군법원 2020.09.03 2020가단10036
청구이의
Text

1. The Defendant’s judgment against the Plaintiff is based on the Jincheon-gun District Court Decision 2019 Ghana75 Decided June 5, 2019.

Reasons

1. On June 5, 2019, the defendant filed a lawsuit against the plaintiff for the claim for the purchase of goods with the Jung-gu District Court Decision 2019Gaso75, the defendant was sentenced to the judgment that "the plaintiff shall pay to the defendant 15,250,950 won and the interest rate of 15% per annum from December 11, 2018 to the date of full payment." The plaintiff's appeal against this judgment was dismissed, and the above judgment became final and conclusive on May 29, 2020.

[Ground of recognition] No. 1 (Judgment) and the purport of the whole pleading

2. Extinguishment of an obligation by executive titles;

A. The defendant filed an application for a compulsory auction on the plaintiff's real estate with the Jung-gu District Court C and D (merged) with the enforcement title of the above judgment and the decision to commence the compulsory auction was rendered.

B. Accordingly, on August 5, 2020, the Plaintiff made the Defendant as the principal of deposit: (i) the principal of the above judgment 15,250,950 won; (ii) the damages for delay calculated by the annual rate of 15% from December 11, 2018 to August 5, 2020; (iii) KRW 5,000 for the application for compulsory auction; (iv) the stamp for the above C compulsory auction; (v) the registration fee of KRW 36,60 for the application for registration; (v) the delivery fee of KRW 82,384; and (v) the payment of KRW 1,684; and (v) the payment of KRW 5,00 for the compulsory auction in the above D case; and (v) the payment of KRW 1,684; and (v) the payment of the registration tax of KRW 636,636,60; and (v) the payment of KRW 8636,79,600; and

[Evidence] No. 3 (Deposit)

C. If so, the Defendant’s claim under the judgment of the Seoul District Court in the Dongcheon-gun District Court Decision 2019 Ghana75 was extinguished on August 5, 2020, since the Defendant did not prove the existence and amount of other claims not extinguished due to the above repayment deposit.

3. The plaintiff's claim is justified, and this is accepted, and the burden of litigation costs is decided as per Disposition by applying Article 98 of the Civil Procedure Act.

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