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1. The decision of the court of first instance is modified as follows. A. The decision of the court of first instance is modified as follows.
The defendant is against the plaintiff.
Reasons
1. The facts of recognition (Grounds: Evidence Nos. 1 through 7, evidence Nos. 1 through 5, the purport of the entire pleadings, and the purport of the whole pleadings) Defendant filed a claim against the Plaintiff for rent under Seoul Central District Court 2012Gaso9715. On January 24, 2014, the above court sentenced the Plaintiff (the Plaintiff of this case) to pay 10,436,71 won to the Plaintiff (the Plaintiff of this case) and 5% per annum from December 24, 2013 to January 24, 2014, and 20% per annum from the next day to the date of complete payment (hereinafter “subject judgment”).
The plaintiff appealed against this (Seoul Central District Court 2014Na21440), and on July 24, 2015, the decision to be dismissed was finalized as it is.
On August 28, 2014, the defendant applied for a compulsory auction of the plaintiff's real estate to Busan District Court Dong Branch C, which was in the process of the above appellate trial.
Accordingly, the Plaintiff filed an application with the Seoul Central District Court for the suspension of compulsory execution based on the subject judgment until the judgment of the appellate court was rendered, and the above court decided to suspend compulsory execution based on the subject judgment on the condition that deposit of KRW 14,000,000 as security was made. On March 17, 2015, the Plaintiff deposited KRW 14,000,000 as Defendant for the deposited person on March 17, 2015 pursuant to the Busan District Court’s Dong Branch Branch Decision 2015, Busan District Court Decision 2015.
(hereinafter “1 deposit”). The Defendant, on December 1, 2015, issued a seizure and collection order against the Plaintiff’s right to claim the collection of the first deposit money against the Republic of Korea by Busan District Court Branch Branching 2015TTTT 2015T 10329 (hereinafter “the first deposit money”). The said collection order was served on the garnishee on December 4, 2015 to the Republic of Korea.
On December 14, 2016, the Plaintiff: (a) as the Seoul Central District Court (Seoul Central District Court No. 29083, Dec. 14, 2016), was the Defendant; and (b) from KRW 15,089,597, the sum of the principal and interest of the judgment subject to “the cause of deposit” and the auction costs, KRW 14,00,000.