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1. The Defendant’s judgment against the Plaintiff was rendered by the Gwangju District Court of Gwangju District on June 8, 2018.
Reasons
Basic Facts
A. On June 8, 2018, the Defendant filed a lawsuit against the Plaintiff seeking compensation for damages with the head of the Gwangju District Court, the 2018 Family Court, and on June 8, 2018, the Defendant was sentenced to a judgment in favor of the entire order that “the Plaintiff shall pay to the Defendant 852,806 won and the amount calculated at the rate of 5% per annum from November 11, 2017 to June 8, 2018, and 15% per annum from the next day to the date of full payment” (hereinafter “the judgment of the first instance”).
B. On September 18, 2018, the Defendant rendered a ruling to commence compulsory execution against real estate owned by the Plaintiff at the Gwangju District Court (D; hereinafter “instant auction procedure”).
C. Meanwhile, on December 12, 2019, the Plaintiff filed an appeal against the judgment of the first instance as 2018Na6132, and filed an appeal against the said judgment from the Gwangju District Court on December 12, 2019, the Plaintiff revoked the part against the Plaintiff in excess of the amount ordered to pay under the judgment of the first instance, and dismissed the Defendant’s claim corresponding to the revoked portion. The Plaintiff was sentenced to the Defendant on November 11, 2017 to December 12, 2019, that “The Plaintiff shall pay the Defendant 296,000 won and the interest calculated at the rate of 5% per annum from the next day to the date of full payment,” and on January 3, 2020, the said judgment of the appellate court became final and conclusive as is.
(hereinafter referred to as "the final judgment of this case" in total of the first instance judgment and the appellate court judgment.
On February 10, 2020, the Plaintiff issued an order for payment of KRW 296,00 with the Defendant as the principal deposit in the final and conclusive judgment of this case as of the Gwangju District Court Decision 2020, a 296,000 and its amount shall be 5% per annum from November 11, 2017 to December 12, 2019, and 38,195 won per annum for delay calculated at the rate of 15% per annum for 60 days from the next day to February 10, 2020 [38,195 won (=30,897 won + 296,000 won + 762/365 days ¡¿ 0.05 won; hereinafter the same shall apply) and the same shall apply.
() KRW 7,298 (296,00 x 60 days x 365 days x 0.15) and KRW 1,291,095 x 296,00 x 38.00 x 1,296,90 for the execution expenses incurred by the Defendant in the instant auction procedure.