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(영문) 대구지방법원 영덕지원 2017.04.25 2017가단10157
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the Daegu District Court Decision 2012Na25829 Decided February 5, 2014.

Reasons

1. Basic facts

A. 1) The Defendant filed a lawsuit against the Plaintiff with the Daegu District Court Young-gu District Court (Seoul District Court Decision 2011Na714) seeking the payment of loans of KRW 51.6 million and damages for delay thereof. The said court dismissed the Defendant’s claim on November 27, 2012. 2) As to this, the Defendant appealed as Daegu District Court Decision 2012Na25829.

The lower court revoked the first instance judgment on February 5, 2014, and sentenced the Defendant to the effect that “the Plaintiff shall pay to the Defendant 50 million won, 5% per annum from May 3, 2011 to February 5, 2014, and 20% per annum from the next day to the date of full payment. The Plaintiff shall bear the Plaintiff’s total costs of the lawsuit.”

(3) On June 12, 2014, the Supreme Court dismissed the Plaintiff’s appeal and the instant judgment became final and conclusive on the same day. (4) On September 30, 2014, the Defendant was issued a final and conclusive decision to confirm that the litigation cost amount of each of the above lawsuits is KRW 13,001,960, by determining that the litigation cost of each of the above lawsuits is KRW 13,001,960.

B. (1) On March 16, 2015, the Plaintiff remitted KRW 50 million to the Defendant. (2) On May 24, 2016, the Plaintiff deposited KRW 335,509,848 as the Plaintiff’s refusal to receive part of the principal and interest of the instant judgment, on the grounds that the Plaintiff was a person who deposited the Defendant and the cause of deposit under the title of the Young-gu District Court Youngdong District Court Young-gu District Court Cho Young-gu Branch Financial Support Fund No. 103, May 24,

3) On August 9, 2016, the Plaintiff deposited KRW 7,877,693 as the fact that the Defendant was deposited and the cause of deposit was partially rejected among the principal and interest of the instant judgment, with the amount of the principal and interest of the principal and interest of the Defendant under the title of the Young District Court Young-gu District Court (Seoul District Court Decision 225, Aug. 9, 2016). [Grounds for recognition] The Plaintiff did not have any dispute, and the evidence A

each entry, the purport of the whole pleading

2. Summary of the parties' arguments;

A. The plaintiff's assertion shall transfer 50 million won to the defendant, and the defendant shall be the defendant as the principal and 41.

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