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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. In this case, the summary of the case and the summary of the procedure, the plaintiff is demanding the exclusion of executive force due to the deposit of repayment with respect to each executive title indicated in the purport of the claim.
On the other hand, the defendant argues that the requirements of the deposit for repayment did not take effect due to the defects of the deposit for repayment.
The summary court of the procedure led to the following judgments as to the issues of this case, i.e., the validity of the repayment deposit, based on the overall purport of the pleadings, on the documentary evidence submitted by both parties while proceeding four times as the date for pleading.
[The facts acknowledged by the court as to the issue of judgment are as follows: (a) evidence No. 1 through 6, evidence No. 10 through 14, evidence No. 5, and evidence No. 5, particularly evidence No. 2017GaGa15423, the appellate court, and the Suwon District Court No. 2018Na63983, on the grounds that the dispute between the plaintiff and the defendant occurred due to the final decision of the litigation costs and the settlement of the litigation costs; (b) the plaintiff and the defendant have tried to make a settlement through the process of obtaining the consent of each of the parties after the closing of argument; and (c) there was a big difference in opinions.
(1) Title (1) - This Court 2014Kapo-402, Suwon District Court 2015Kapo-233, 300 Plaintiff filed a lawsuit against the Defendant for the payment of investment money on October 23, 2013, but became final and conclusive upon receipt of a judgment of loss, and the amount of litigation cost to be borne by the Plaintiff was determined as KRW 7,258,750.
【Court 2014Kada402. To revoke the provisional attachment decision made at the time of the above lawsuit, the Defendant received a favorable judgment against the Plaintiff on October 14, 2014 by filing an application for revocation of provisional attachment, and the amount of the litigation cost for the revocation of provisional attachment to be borne by the Plaintiff was determined as KRW 1,890,200.
【Chwon District Court 2015Kab233】