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1. The Defendant’s compulsory execution against the Plaintiff by the Suwon District Court Decision 2015 Ghana 109234 is denied.
Reasons
1. The following facts of basic facts may be admitted either in dispute between the parties or in combination with the purpose of the entire pleadings in each entry in Gap evidence 1 to 4 (including paper numbers):
On May 6, 2015, the Defendant filed a lawsuit against the Plaintiff, claiming the return of down payment, etc. (No. 2015 Ghana Branching 2015da109234). On November 25, 2015, the said court rendered a final judgment with respect to the Plaintiff’s KRW 20,000 and KRW 10,000,00 from February 9, 2015 to May 7, 2015, the Defendant paid the amount calculated at the rate of 5% per annum from the next day to the day of full payment, and the amount of KRW 10,000,000 calculated at the rate of 15% per annum from May 8, 2015 to the day of full payment (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time the judgment became final and conclusive.
B. On December 29, 2015, the Defendant applied for a compulsory auction (U.S. District Court Support C) on the real estate owned by the Plaintiff, based on the instant judgment on December 29, 2015, and around that time, the Defendant paid KRW 1,315,280 to the said court.
C. On the other hand, on the other hand, on December 22, 2015, the Plaintiff deposited KRW 21,054,973 (No. 2726 for the purpose of the instant judgment rendered on December 22, 2015, and additionally deposited KRW 10,000 (No. 138, 200 for the purpose of prepayment and compulsory execution) on January 6, 2016 (No. 138, 2016 for the amount of the additional deposit due to an error in calculation and expenses for execution). On the other hand, on January 10, 2016, the Plaintiff deposited KRW 1,020,958 (No. 181, 2016 for the Ansan District Court Support), on November 1, 2016, and KRW 406,470 (No. 193, 2016 for the purpose of advance payment).
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the plaintiff is entitled to make a judgment.
1.(c)
The principal and interest of this case by January 11, 2016, which is the date of final deposit through four deposits, such as the statement in this paragraph.