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Reasons
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(영문) 서울서부지방법원 2015.06.18 2014가단18295
청구이의
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1. The Defendant’s compulsory execution against the Plaintiff is based on the Seoul Western District Court Decision 2013Kadan16971.

Reasons

1. Facts of recognition;

A. The Defendant asserted that he lent KRW 23,500,000 to the Plaintiff, and filed a lawsuit against the Plaintiff on April 30, 2013 against the Seoul Western District Court 2013Kadan16971.

B. Upon the Plaintiff’s failure to submit a written reply on June 27, 2013, the same court rendered a judgment that “the Defendant shall pay to the Plaintiff 21,10,000 won and interest calculated at the rate of 5% per annum from May 16, 2011 to May 6, 2013, and 20% per annum from the next day to the date of complete payment” and the above judgment was finalized on July 19, 2013.

(hereinafter referred to as “the final judgment of this case”). 【The grounds for recognition】 Each entry of evidence Nos. 1 through 3, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Since the Plaintiff’s assertion was paid to the Defendant a total of KRW 18,025,00,000, the executory power of the instant final judgment should be excluded.

① 705,00 won, each five times in total, KRW 3,525,00; ② From May 20, 2013 to October 24, 2013, KRW 1,000: KRW 400,000; ③ KRW 600,000 paid by C with the date unpaid payment; and ③ Up to four times in total, KRW 2,40,000; ④ Up to 50,000 on July 15, 2010; ⑤ Up to 1,200,000 on the date of payment: KRW 60,000 on the date of payment up to 30,00 up to 1,60,00 won: KRW 60,600 on the date of payment up to 30,600,000; KRW 600,000 on the date of payment; and

(b) In a lawsuit seeking objection, where the title of enforcement of the lawsuit seeking objection is a final and conclusive judgment, the grounds for objection shall have arisen subsequent to the conclusion of pleadings, or in the case of a judgment without pleadings, the judgment shall have arisen subsequent

(2) Article 44(2) of the Civil Execution Act provides that “The Plaintiff borrowed KRW 23,50,000 from the Defendant to the Defendant on July 15, 2010” the Plaintiff paid KRW 2,40,000 in total to the Defendant during the period from August 15, 2010 to May 15, 201.”

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