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1. The Defendant’s judgment against the Plaintiff was rendered by Busan District Court on December 11, 2013.
Reasons
1. Facts of recognition;
(1) On December 11, 2013, Busan District Court Decision 2013Da628753, Busan District Court Decision 2013 Decided December 11, 2013, “The Defendant (the Plaintiff of this case) paid to the Plaintiff (the Defendant of this case) 12,346,717 won and 5,446,123 won with interest of 17% per annum from May 27, 2013 to the date of full payment,” and the above decision became final and conclusive around that time.
D. In addition, on November 20, 2014, Busan District Court Decision 2014Da615419, "the defendant (the plaintiff of this case) paid to the plaintiff (the plaintiff of this case) 17,527,275 won and 5,600,983 won with interest of 17% per annum from June 11, 2014 to the date of full payment." The above judgment became final and conclusive around that time.
(hereinafter referred to as “each judgment of this case”). Consolidatedly, the defendant applied for a compulsory auction on the real estate owned by the plaintiff with each judgment of this case as executive title, and paid a total of KRW 942,100 to the execution cost.
x. On August 29, 2016, the Plaintiff deposited KRW 35,541,759 in full with the principal, interest, interest, and enforcement cost of the obligation up to the time under each of the above rulings by the Seoul Central District Court (Seoul Central District Court Decision 2016No. 1960). On October 26, 2017, the deposited person was the Defendant and deposited KRW 435,97 in full with the remainder of the execution cost and delay damages incurred by the Defendant during the auction procedure.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings
2. According to the above facts of recognition, since obligations based on each of the above judgments of this case were all extinguished due to the plaintiff's deposit of repayment, compulsory execution based on each of the above judgments shall be dismissed.
Therefore, the plaintiff's claim is reasonable, and all of them shall be accepted. However, the plaintiff and the defendant shall take into account all the circumstances revealed in the above facts of recognition in relation to the burden of litigation costs.