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1. Of the instant lawsuit, the Defendant’s Seoul High Court Decision 2016Na206534 decided on the deposit amount for the Plaintiff.
Reasons
Basic Facts
The Defendant filed a lawsuit against the Plaintiff, etc. seeking damages, etc. due to nonperformance of the construction contract, and the first instance court rendered a judgment on September 1, 2016 stating that “the Plaintiff shall pay 96,900,000 won to the Defendant and damages for delay.”
(Seoul Central District Court 2015Kahap13992). Both appeals were filed by both parties, while the appellate court pending, the Defendant added the Plaintiff to the conjunctive claim for penalty payment in accordance with special contract terms. On May 11, 2017, the appellate court rendered a judgment of the first instance including the ancillary claim added on May 11, 2017, that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 15% per annum from March 10, 2017 to the date of full payment.”
(Seoul High Court Decision 2016Na2065634, hereinafter "the judgment of this case"). Accordingly, the defendant's claim against the plaintiff was final and conclusive as it is.
[Ground of recognition] There is no interest to seek denial of compulsory execution by an action of demurrer against a claim, after the creditor has satisfied as a whole is completed, compulsory execution based on executive titles based on judgment as to the legitimacy of a lawsuit as to the whole purport of a lawsuit as to facts without dispute, Gap evidence No. 1 (including a provisional number; hereinafter the same shall apply), and the whole purport of a lawsuit.
(See Supreme Court Decision 2013Da82043 Decided May 29, 2014). According to the overall purport of the entries and arguments in the evidence Nos. 3, Nos. 1, 2043, and Nos. 3, 1, 2017, based on the original copy of the instant judgment, the Defendant issued a collection order for the seizure and collection of the claim amounting to KRW 217,86,849 (hereinafter “instant collection order”) with the Defendant’s July 6, 2017, based on the original copy of the instant judgment.