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Reasons
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(영문) 서울고등법원 2018.05.31 2018나2013965
청구이의
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1. The judgment of the court of first instance is modified as follows.

Defendant (Appointed Party) and Appointeds D and E.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit seeking damages against the Defendant (Appointed Party; hereinafter “Defendant”) and the appointed parties D, and E (hereinafter collectively “Defendant, etc.”) under the U.S. District Court 2015Kahap72804, the Defendant, etc. filed a counterclaim for the claim of damages under the said lawsuit as 2015Gahap74422.

On September 8, 2016, the court dismissed the Plaintiff’s principal claim and partly accepted the Defendant’s counterclaim, and rendered judgment that “the Plaintiff shall pay to the Defendant KRW 36,930,200, and KRW 20,000 to the Appointor E, and KRW 6,930,200 to the Defendant, 5% per annum from May 13, 2015 to September 8, 2016; KRW 30,000 to the Defendant; KRW 30,000 to the Appointor; and KRW 5% per annum from the following day to the day of full payment; and KRW 15% per annum from the following day to September 8, 2016 to the day of full payment; and KRW 30,00 to the Defendant; and KRW 30,000 to the Appointor; and KRW 5% per annum from the following day to September 8, 2016 to the day of full payment.”

B. The Plaintiff, the Defendant, etc. appealed against the above judgment (the Patent Court 2016Na1875, 1882 (Counterclaim), the appellate court partially accepted the Plaintiff’s appeal on May 26, 2017, and rendered a judgment that dismissed the Defendant, etc.’s appeal and the Plaintiff’s remainder of appeal.

C. The Plaintiff, the Defendant, etc. appealed to the above appellate judgment and appealed (Supreme Court Decision 2017Da24021, 24038, 24038), but all were dismissed on September 21, 2017.

The Defendant et al. applied for a compulsory auction on the real estate owned by the Plaintiff pursuant to the counterclaim part of the judgment of the first instance that became final and conclusive as above (hereinafter “instant judgment of the first instance”).

(F) Goyang Branch F, hereinafter referred to as the “instant auction”) e.

On August 1, 2017, the Plaintiff: (a) on August 1, 2017, the Defendant, etc. as a depositee, etc. to perform the obligation based on the judgment of the first instance court of this case; and (b) on March 20

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