(영문) 수원지방법원성남지원 2016.10.07 2016가단14156

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(영문) 수원지방법원성남지원 2016.10.07 2016가단14156

청구이의

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1. It is based on the judgment of Suwon District Court Decision 2014Kadan207855 decided August 14, 2014 with respect to the Defendant’s Plaintiffs.

Reasons

1. Basic facts

A. On May 30, 2013, the Defendant concluded a lease agreement with Plaintiff A, and the Plaintiff B jointly and severally guaranteed the lease agreement.

B. On August 14, 2014, the Defendant filed a lawsuit against the Plaintiffs seeking not to pay the lease fees, and the said court rendered a favorable judgment against the Defendant to the effect that the Plaintiffs jointly and severally paid to the Defendant 59,419,070 won and 53,598,709 won per annum from March 26, 2014 to the date of full payment (hereinafter “related judgment”), and that the said judgment became final and conclusive around that time.

C. After January 4, 2016, the Defendant filed an application for a compulsory auction of real estate E 707 on the land of Yongsan-gu, Yongsan-gu, U.S. and 1 parcel owned by the Plaintiff B with the Goyang-si District Court Goyang-gu, the Defendant filed an application for a compulsory auction of real estate.

Plaintiff

B deposited KRW 49,868,513 to the Defendant on June 14, 2016. On June 16, 2016, the Defendant: (a) made a written confirmation to confirm that the provisional attachment of real estate No. 2014Kadan46 and the compulsory auction of real estate C by the Government of the Suwon District Court will be entirely rescinded, as the Defendant repaid to the Plaintiff B the full amount of the lease debt to the Plaintiff, a joint guarantor, the Plaintiff, who is the joint guarantor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, it shall be deemed that the payment by the plaintiff B had extinguished all the claims against the plaintiffs based on the defendant's related judgment. Therefore, compulsory execution based on the defendant's related judgment against the plaintiffs shall not be permitted.

3. If so, the plaintiffs' claims are reasonable, and it is so decided as per Disposition by admitting them.

유사 판례

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-수원지방법원성남지원 2016.05.20 2015가단215426

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