(영문) 수원지방법원 안양지원 2018.06.07 2017가합102803

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(영문) 수원지방법원 안양지원 2018.06.07 2017가합102803

청구이의

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1. Of the instant lawsuit, the Defendant’s Suwon District Court’s Gyeyang support 2016Kahap10282 (main office) service costs for the Plaintiff.

Reasons

1. Determination as to the legitimacy of the part of the instant lawsuit seeking the non-permission of compulsory execution based on the judgment of the first instance court

A. Comprehensively taking account of the purport of the entire arguments in each statement of evidence Nos. 3 and 4 (including additional numbers), the Plaintiff paid to the Defendant 1,500,000,000 won (excluding value-added tax) on January 20, 2017 and 5% per annum from November 1, 2014 to January 20, 2017, and 15% per annum from the next day to the day of full payment.

(b)

4. Paragraph 1 can be provisionally executed.

“The fact that the judgment of the first instance court of this case was rendered on February 24, 2017, and the Defendant received a seizure and collection order against the Plaintiff’s bank, etc. under the judgment of the first instance court of this case, which was rendered on February 24, 2017. The judgment of the first instance court of this case is modified as follows.

Among the lawsuits of this case, the part of the claim amounting to KRW 905,198,050, which was issued by the defendant's creditor (referring to the seizure and collection order, etc. received by the defendant after the judgment of the first instance of this case) shall be dismissed.

The plaintiff was sentenced to the judgment of the appellate court of this case with the purport that the judgment of the appellate court of this case was modified with the purport that "the plaintiff shall pay the defendant 594,801,950 won and 5% per annum from November 1, 2014 to June 7, 2017, and 15% interest per annum from the next day to the date of full payment," and that the judgment of the appellate court of this case became final and conclusive.

Since the judgment of the provisional execution sentence with no final and conclusive enforcement title can only claim the grounds for objection by appeal or file a lawsuit of objection after the judgment becomes final and conclusive, and before the judgment becomes final and conclusive.

참조조문

-민사집행법 제44조 제1항

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