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(영문) 수원지방법원오산시법원 2019.07.11 2019가단122
청구이의
Text

1. Compulsory execution based on the judgment of the Suwon District Court 2018Na6950 of the instant lawsuit, such as vehicle repair costs.

Reasons

1. Facts of recognition;

A. On June 14, 2018, the Defendant filed a lawsuit against the Plaintiff and C seeking reimbursement of vehicle repair expenses, etc. with the Suwon District Court, the Suwon District Court, 2018Gaso2453, and the said court rendered a judgment to the effect that “The Plaintiff and C jointly and severally pay to the Defendant the amount calculated at the rate of KRW 6,685,151 and 15% per annum from February 9, 2018 to the date of full payment” (hereinafter “instant judgment”).

B. As to the above judgment, the Plaintiff and C appealed as Suwon District Court 2018Na6950, and on November 15, 2018, the said appellate court revoked the part of the judgment against the Plaintiff and C ordering the Defendant to pay in excess of the amount of KRW 3 million and the amount calculated by the rate of 6% per annum from February 9, 2018 to November 15, 2018, and 15% per annum from the next day to the date of full payment, and the said appellate court’s judgment dismissed the Plaintiff’s claim corresponding to the revoked portion.

“The judgment of the appellate court of this case (hereinafter referred to as “the judgment of the appellate court of this case”) was rendered to the effect that the Plaintiff and C’s remaining appeal are dismissed.”

C. The Defendant, based on the judgment of the first instance court and the appellate court of this case, filed an application for a seizure and collection order regarding the Plaintiff’s deposit claim against the Plaintiff Company D, with the amount claimed as KRW 3,170,137 (principal KRW 3 million, interest KRW 170,137) as an Ansan District Court Branch 2018TTT142, and the Defendant applied for a seizure and collection order as to the Plaintiff’s deposit claim against the Plaintiff Company. On December 14, 2018, the said court rendered a decision on the seizure and collection order to the same effect.

C The principal that was ordered payment in the instant appellate judgment on December 20, 2018 to the Defendant on December 20, 2018, and KRW 214,665 as damages for delay on December 21, 2018, respectively.

E. After the transfer as above, the Plaintiff requested the Defendant to cancel the execution of the above seizure and collection order, but the Defendant is the expenses relating to the above seizure and collection order.

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