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1. The Defendants’ judgment on the Plaintiff is based on the Seoul Central District Court Decision 2015Kadan52286 (i).
Reasons
1. Facts recognized;
A. The Defendants filed a lawsuit against the Plaintiff as Seoul Central District Court 2015da52286, and the same court rendered a judgment on February 12, 2016 that the Plaintiff shall pay to the Defendant A 220,930,763 won, 215,930,763 won, and 215,930,763 won to the Defendant B, and 5% per annum from May 17, 2015 to February 12, 2016, and 15% per annum from the next day to the date of full payment.
B. On September 1, 2016, the above judgment became final and conclusive as the Plaintiff appealed against this judgment, but withdrawn an appeal on September 1, 2016.
C. The Plaintiff, via his/her legal representative, calculated the principal and interest of the judgment of the first instance court as of March 11, 2016, and requested the Defendant’s legal representative to receive the principal and interest, and sent documents for receipt by facsimile. However, the Defendants, through his/her legal representative on March 9, 2017, declared the final declaration of intent to refuse receipt through his/her legal representative.
On March 16, 2016, the Plaintiff deposited KRW 232,150,702 for Defendant A, and KRW 226,896,77 for Defendant B, respectively, with the principal and interest of the judgment rendered by the above provisional execution sentence book until the date thereof.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including branch numbers in case of additional number), the purport of the whole pleadings
2. Where an obligor, who was sentenced to the judgment of the first instance court, pays to the obligee the principal and interest of the first instance court up to the date of the declaration, but appeals against the amount quoted in the first instance court by filing an appeal against the judgment of the first instance court, the obligor himself/herself acknowledges that he/she had a debt equivalent to the amount quoted in the judgment of the first instance court and paid the amount to the obligee as a definitive act of repayment, not to prevent the expansion of damages for delay cited by the judgment of the first instance court and to avoid compulsory execution based on the declaration of provisional execution attached to the judgment.