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(영문) 서울서부지방법원 2016.02.04 2015가단235455
청구이의
Text

1. The Defendant’s Seoul High Court Decision 2014Na7911 rejected compulsory execution against the Plaintiff.

2. This Court.

Reasons

1. Facts of recognition;

A. On September 7, 2012, the Defendant filed a lawsuit claiming damages against the Plaintiff on the ground that the Plaintiff did not reinstate the Defendant, notwithstanding the judgment on invalidation of dismissal, and was sentenced to the Seoul Western District Court Decision 201Kahap1371, and the judgment of September 7, 2012 that “The Plaintiff may provisionally execute the lawsuit.” As to the monthly wage difference of KRW 185,61,862 to the Defendant and each of the monthly wages specified in attached Table 1, the date following the relevant payment date shall be from June 15, 2009 to September 7, 2012; KRW 6% per annum from the date following the relevant payment date until September 7, 2012 to the date of full payment; and KRW 20% per annum from the following day to the date of full payment.”

B. On November 13, 2012, the Defendant received KRW 229,448,559, the claimed amount based on the original copy of the judgment of the first instance court on November 13, 2012, and received KRW 229,448,559, the Plaintiff, the third obligor, and the Seoul Central District Court, which are the deposit claims in Hong Kong, the deposit claims to be seized, and received KRW 229,448,559 from the Hong Kong Cargo Bank on November 16, 2012.

C. The judgment of the court of first instance was revoked in the appellate court (Seoul High Court 2012Na85047), and the judgment of the court of final appeal (Supreme Court 2013Da69385) was remanded to the court of final appeal on August 27, 2014 (Seoul High Court 2014Na7911), and the judgment of the court of final appeal (Seoul High Court 2014Na791) that "the plaintiff was remanded to the defendant 15,672,584 won (i.e., compensation for late payment of KRW 32,39,366 for late payment of KRW 60,722 retirement allowance of KRW 123,212,496 for late payment of late payment of KRW 60,722 and the monthly wage difference in the attached Form 2 was remanded to the court of final judgment from the next day of each corresponding payment, until June 15, 2014, and until August 27, 2014."

[Ground of recognition] Facts without dispute, entry of Gap 1 to 10 evidence, purport of the whole pleadings

2. Determination

A. The effect of enforcement by the judgment of the court of first instance is final and conclusive.

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