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1. Of the instant lawsuits, Ulsan District Court Decision 2010Na2947 decided October 7, 2010 rejected compulsory execution based on the Ulsan District Court Decision 2010Na2947 decided October 7, 201.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit claiming a loan against the Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”) and F
(Ulsan District Court 98 Ghana11300).2
The Ulsan District Court rendered a judgment on December 8, 1998 that "B shall pay the defendant (B), "F shall pay 2.2 million won and 2.2% interest per annum from May 30, 1995 to the date of full payment, and F shall jointly and severally pay the plaintiff 733,36 won, Selection C, D, and E shall be 488,88 won and 25% interest per annum from May 30, 1995 to the date of full payment (hereinafter "the first judgment")."
The first judgment became final and conclusive as it is.
C. On May 19, 2010, the Plaintiff et al. filed a lawsuit of demurrer (Ulsan District Court 2009Da38321) to exclude enforcement of the judgment of the first instance (Ulsan District Court 2009Da38321) and appealed after receiving a partial winning
(Ulsan District Court 2010Na2947) d.
The Ulsan District Court held on October 7, 2010 that compulsory execution based on the first judgment against the Plaintiff, etc. by the Defendant is the remaining amount of KRW 101,063, KRW 67,375 per annum with respect to the Plaintiff, KRW 67,375 per annum with respect to each of the said money, and KRW 25% per annum with respect to each of the said money from February 13, 2004 to the date of full payment (hereinafter “the remaining amount of the first judgment”).
(1) A judgment with respect to the modification of “(2)” (hereinafter referred to as “second judgment”) was rendered only to the excess portion.
E. The Defendant appealed by Supreme Court Decision 2010Da87566 Decided January 13, 201, which became final and conclusive by serving to the Defendant on January 17, 2011, and accordingly, the second judgment became final and conclusive.
F. In accordance with the second judgment on January 24, 2011, the Plaintiff et al. deposited KRW 833,746 as listed below.
(Ulsan District Court No. 248). In the table below, the "amount to be deposited" is the sum of the "amount remaining due to the first judgment" recognized in the second judgment.
Plaintiff 276,746 277,918.