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(영문) 대구지방법원 2019.10.22 2019가단122506
청구이의
Text

1. The Defendant’s Daegu District Court 2018Gaso2104 (hereinafter “Defendant”)’s executive force against the Plaintiff.

Reasons

1. Basic facts

A. In the Daegu District Court Case No. 2018Gaso2104, the said court held that the Plaintiff and the Defendant paid 5% interest per annum from March 14, 2018 to May 4, 2018 and 15% per annum from March 14, 2018 to May 4, 2018.

(2) On May 24, 2019, the foregoing judgment was rendered and finalized on April 24, 2019, following the dismissal of an appeal and dismissal of an appeal. (2) The Defendant filed an application for seizure of the Plaintiff’s movable property with the Seoul Western District Court C on May 24, 2019 to enforce the instant judgment, and paid KRW 234,50 for the purpose of the custody of enforcement officers. (c) On May 31, 2019, the Plaintiff repaid KRW 350,466 for the Defendant as the Daegu District Court No. 3273 on May 31, 2019. (No dispute over the grounds for recognition exists, evidence Nos. 1 through 3, evidence Nos. 1 and 2, and the purport of the entire pleadings as a whole.

2. The expenses required for compulsory execution under Article 53(1) of the Civil Execution Act, which are to be borne by the debtor and to be reimbursed preferentially in the course of such execution. The expenses for such execution are based on the executive titles that form the basis for the execution without any separate executive titles and can be collected together with the claims indicated in the executive titles in the relevant compulsory execution procedures. As such, in a case of objection, even if the original obligations indicated in the executive titles are extinguished by repayment or deposit, the whole executory power of the relevant executive titles cannot be claimed unless the debtor reimburses the expenses for the execution that are to be reimbursed.

(See Supreme Court Decision 89Da2356, 89Meu121, Sept. 26, 1989). With respect to the instant case, health care provider, the total amount that the Plaintiff has to pay to the Defendant in order to seek the exclusion of the full executory power of the instant judgment, is the principal of the obligation specified in the text of the instant judgment, and damages for delay up to the time of performance thereof.

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