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1. The Defendant’s compulsory execution against the Plaintiff based on the Seoul High Court Decision 2013Na24216 Decided November 14, 2014.
Reasons
1. Facts of recognition;
A. On November 14, 2014, the Defendant filed a lawsuit against the Plaintiff, and was sentenced to the Seoul High Court Decision 2013Na24216, that “the Plaintiff shall pay to the Defendant 5 million won and the amount calculated by the rate of 5% per annum from October 27, 2012 to November 14, 2014, and 20% per annum from the next day to the day of complete payment.” The above judgment became final and conclusive around that time.
B. On March 6, 2013, the Defendant: (a) obtained a seizure and collection order of the Plaintiff’s deposit claims against the Plaintiff’s Nonghyup Bank, Inc., and eight banks, as the Jeju District Court Decision 2013TB, 201.122 on the title of execution; and (b) disbursed KRW 79,180 at its expense (i.e., delivery fee of KRW 71,180).
C. On February 4, 2015, the Plaintiff deposited KRW 5,744,521 as the principal and interest of the debt pursuant to the above judgment under the Incheon District Court Decision No. 1036, a deposit account with the Defendant as the principal and interest of the debt pursuant to the above judgment. On June 30, 2015, the Plaintiff deposited KRW 79,180 as the Incheon District Court’s deposit account with the Defendant as the principal and interest of the debt pursuant to the above judgment.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the facts found in the above determination, on February 4, 2015, the Plaintiff: (a) KRW 5,737,670 of the principal amount of the Defendant’s debt (= KRW 5,000,000 of the principal amount + KRW 513,013 of the delay damages calculated at the rate of 5% per annum from October 27, 2012 to November 14, 2014 (= KRW 5,00,000 + 5% x 5% x 5% x 749 days/ 365 days, and servers below the amount; hereinafter the same shall apply) calculated annually from November 15, 2014 to February 4, 2015; (b) KRW 224,657,000,000 x KRW 200 x 200,000 x x 2036,536).
If so, the plaintiff's claim is reasonable and acceptable.