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1. Compulsory execution against the Defendant’s Plaintiff by the Incheon District Court Decision 2017Da44066 Decided June 7, 2017.
Reasons
1. Basic facts
A. On June 7, 2017, the Defendant filed a lawsuit against the Plaintiff for the claim for construction price under the 2017 Ghana44066, and rendered a judgment on June 7, 2017 that “the Plaintiff shall pay to the Defendant 3,800,000 won and interest calculated at the rate of 15% per annum from March 7, 2017 to the date of full payment”
(hereinafter the judgment of this case). (b)
On October 24, 2017, the Plaintiff was the Defendant for the deposited person and was the Seoul District Court No. 9286, 2017.
A total of KRW 4,837,661, including principal and interest claims and litigation costs based on the judgment stated in the paragraph (3), deposited KRW 362,301,00,000 (total of KRW 675,360,000,000,000,000,000).
[Reasons for Recognition] Each entry in Gap evidence Nos. 1 and 2
2. As of October 24, 2017, based on which the Plaintiff’s principal and interest on the claim was deposited, it is evident that the amount of the Plaintiff’s obligation to the Defendant based on the instant judgment is KRW 4,162,301 [=362,301 won (3.8 million won x 15% x 232/365 days] is calculated.
In addition, the fact that the plaintiff made the defendant as the principal and interest of the above bonds as the principal and interest of the principal and interest of the above bonds, and deposited the amount including KRW 4,162,301.
Therefore, since the defendant's claim against the plaintiff based on the judgment of this case has ceased to exist due to the above repayment deposit, compulsory execution based on the above judgment shall not be permitted.
3. According to the conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.