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1. On August 11, 2017, the Suwon District Court against the Defendant’s Plaintiff based on the decision on construction price (2015 Gohap3481).
Reasons
1. Determination as to the cause of claim
A. 1) On August 11, 2017, the Defendant filed a lawsuit against the Plaintiff for the payment of the construction cost and rendered a judgment that “the Defendant (the Plaintiff in this case, the lower court’s judgment also refers to the Defendant in this case, the same shall also apply to the lower court’s judgment) shall pay KRW 205 million to the Plaintiff (the Defendant in this case, and the order of the lower court’s judgment below shall also apply 205,00,000 and 15% interest per annum from May 23, 2015 to the date of complete payment” (hereinafter “instant judgment”).
(2) On April 18, 2018, the appellate court rendered a final and conclusive judgment that “the Defendant shall pay to the Plaintiff 204,260,000 won with 5% interest per annum from May 31, 2015 to April 18, 2018, and 15% interest per annum from the next day to the date of full payment (Seoul High Court 2017Na19885)” (Seoul High Court 2017Na1985). The Defendant made a compulsory execution against the Plaintiff’s property with the title of execution and disbursed 4,532,595 won as expenses for the execution of provisional seizure on the same property. Meanwhile, the Defendant spent 576,400 won as expenses for the execution of provisional seizure on the same property.
3) On May 9, 2018, the Plaintiff deposited 235,514,577 won ( principal 204,260,000 won), interest 29,491,786 won from May 31, 2015 to April 18, 2018, and interest 1,762,79,791 won from April 19, 2018 to May 9, 2018, with the deposit officer of the Suwon District Court as the principal. On July 19, 2018, the Plaintiff again deposited the Defendant to the deposit officer of the same court as the deposit officer under the pretext of KRW 7562,510,00,00,000 (principal principal 20,60,000,000, interest 291,786,005,05,005,05,000 won and 2,015,05,00).
B. The Plaintiff’s debt indicated in the judgment of this case, which is the executive title, has deposited the full amount reduced by the judgment of the appellate court and the expenses incurred in compulsory execution to the Defendant.