(영문) 창원지방법원 2018.03.21 2017가단115678 (1)

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(영문) 창원지방법원 2018.03.21 2017가단115678 (1)

청구이의

Text

The defendant's compulsory execution against the plaintiff is conducted by the Changwon District Court Decision 2016Gaso1591 decided January 18, 2017.

Reasons

1. Facts of recognition;

A. On January 18, 2017, the Defendant issued a judgment with the purport that “the Plaintiff shall pay to the Defendant 10,932,138 won and interest thereon at the rate of 15% per annum from October 8, 2016 to the day of full payment” (hereinafter “instant judgment”; and accordingly, the Plaintiff’s obligation to the Defendant is referred to as “instant judgment”).

The judgment of this case became final and conclusive in the appellate court.

B. Upon the Defendant’s refusal to receive the repayment of the instant judgment amount, the Plaintiff deposited the principal amount of KRW 12,594,422 in the Defendant’s future on October 12, 2017 (i.e., the principal amount of KRW 10,932,138 (i.e., KRW 15% per annum from October 8, 2016 to October 12, 2017).

(No. 3449 of this Court, 2017, hereinafter referred to as “the deposit of this case”). 【No dispute exists concerning the basis of recognition, evidence A1 through 7 (including, if any), the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition, since the Plaintiff’s obligation to the Defendant was extinguished due to the deposit of this case, compulsory execution against the Plaintiff by the judgment of this case shall not be permitted.

B. As to this, the Defendant asserted to the effect that considering the litigation costs, provisional seizure costs, auction costs, etc. related to the judgment of this case submitted by the Defendant before obtaining the judgment of this case, the deposit of this case alone cannot be deemed to have been fully paid the debt of this case, but this cannot be accepted for the following reasons.

1) In order for a creditor to be paid the costs of lawsuit from a debtor, the court shall separately obtain a final decision on the costs of lawsuit from the debtor, and even without such, a final decision on the merits cannot be paid only by the final decision on the merits. 2) In the case of compulsory execution costs, the creditor’s original compulsory execution

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