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(영문) 춘천지방법원 강릉지원 2018.10.31 2018가단2253
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff by this Court Decision No. 2015Kadan25378 decided November 16, 2016.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff and D with this Court No. 2015da25378, and the said court rendered a judgment that “The Plaintiff and D jointly and severally pay to the Defendant the amount of KRW 60,00,000 and the amount of KRW 15% per annum from January 5, 2016 to the date of full payment (the remainder of the disposition against D is irrelevant to the Plaintiff, and omitted), and the costs of the lawsuit are borne by the Plaintiff and D.”

(hereinafter referred to as "the subject decision of this case"). B

Accordingly, while the Plaintiff and D appealed (2016Na51900), the appellate court dismissed the above appeal, and the appellate court rendered a judgment that “the Plaintiff and D shall jointly and severally pay to the Defendant the amount calculated by applying the rate of 15% per annum from March 1, 2016 to the day of full payment (reduction of the scope of enforcement) with the amount of KRW 60 million and the amount of KRW 15% per annum from March 1, 2016 to the day of full payment.” The costs of the appeal are borne by the Plaintiff and D.”

Accordingly, the appeal filed by the plaintiff and D was dismissed, and the above judgment became final and conclusive.

C. On September 11, 2017, the Defendant, upon an application with the above judgment as the executive title, commenced a compulsory auction procedure regarding the building E-ground No. 4, which is owned by the Plaintiff.

(F) d.

On May 10, 2018, the Plaintiff deposited KRW 80,371,185 with the deposited person as the Defendant under this Court No. 2018Hun-Ba363.

This is the sum of the principal amount of KRW 60,00,000, interest of KRW 19,750,685, and enforcement cost of KRW 620,50 (where there is no evidence to prove that the defendant was determined to determine the amount of enforcement cost, the plaintiff is the applicant).

[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence (including paper numbers), the purport of the whole pleadings

2. Article 479 of the Civil Act provides that when the obligor pays expenses and interest of one or more obligations, and the person performing the obligation has paid the entire obligation, such performance shall be appropriated in repayment in the order of the expenses, the interest and the principal.

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