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(영문) 전주지방법원 2018.01.18 2017나6026
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

On July 2016, 2016, the Jeonju District Court of the Republic of Korea for the defendant's plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff for penalty under the Jeonju District Court’s Seoul District Court’s 2015dan1077.

On July 26, 2016, the above court rendered a ruling that "the plaintiff jointly and severally with C shall pay the defendant 20 million won out of 40,000,000 won and the interest rate of 5% per annum from December 21, 2014 to July 26, 2016, and 15% per annum from the next day to the day of complete payment." This ruling became final and conclusive around that time.

(hereinafter “instant judgment”). (b)

The Defendant filed an application for a compulsory auction of the instant judgment with title D with respect to the 3,688 square meters, F. 2,17 square meters, and G previous 735 square meters, in Jeonju District Court, Jeonju-gun, Seo-gun, Jeonju-gun, Jung-gun, Jung-do, the Plaintiff owned by the Plaintiff, and the said court rendered a decision to commence the auction on August 24, 2016.

The defendant paid 1,316,00 won (=1,00,000 won for the prepayment or disbursement of 1,316,000 won for the compulsory execution in the course of filing an application for auction (259,000 won for the registration of 9,000 won for the registration).

C. On September 5, 2016, on the ground that the Defendant refused to receive the cited amount and delay damages based on the instant judgment, the Plaintiff deposited KRW 21,934,246 [20,000 for delay damages of KRW 20,000 for delay damages of KRW 1,934,246 [20,000 for delay damages of KRW 20,000 for delay damages of KRW 20,000 for delay damages of KRW 20,000 for delay damages of KRW 1,934,246] x 584 days (= 20,000 from December 21, 2016 to July 26, 2016) x 5% per annum x 20,000 per annum x 41 days (i.e., July 27, 2016) x 365% per annum].

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1, 2, 3, Eul Nos. 1 and 2 (including Serial numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The assertion and judgment

A. The defendant's assertion by the parties is a compulsory auction by refusing to pay the quoted amount according to the judgment of this case.

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