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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 26, 2013, the defendant filed a lawsuit against the plaintiff et al. claiming the unpaid management expenses, etc. under the Suwon District Court Ansan Branch 2012Ga6221, 2013 Gohap10977 (Joint), 2013 Gohap10984 (Joint), 2013 Gohap1091 (Joint), and 2013 Gohap1024 (Joint), and was sentenced to a judgment of a provisional execution ordering the above court to "the plaintiff shall pay to the defendant 18,818,970 won and 14,71,640 won with 20% interest per annum from October 9, 2012 to the day of full payment."
B. Accordingly, the Plaintiff appealed in Seoul High Court 2013Na2018590, 2013Na2018606, 2013Na2018613, 2013Na2013, 2013Na2018620, 2013Na2013Na2018637, and the judgment of the first instance became final and conclusive. However, the Defendant filed an application for compulsory execution against the Plaintiff’s real estate B with Suwon District Court on September 3, 2013, which was a provisional execution sentence on which September 3, 2013, the Defendant filed an application for compulsory execution against the Plaintiff’s real estate B with Suwon District Court. On June 27, 2014, the executing court distributed KRW 41,769,092 to the Defendant, which was a right to collateral security, distributed KRW 45,306,930, and KRW 206,206, and the date of distribution against the Defendant 263616.7
C. Meanwhile, on July 10, 2014, the said appellate court accepted part of the Plaintiff’s appeal, and rendered a judgment dismissing the Defendant’s claim corresponding to the above judgment of the first instance court, on the grounds that “3,974,483 won and KRW 3,119,690 against the Defendant,” the said appellate court revoked the Plaintiff’s annual interest rate of 5% from October 9, 2012 to July 10, 2014; and that “the portion ordering payment exceeding the interest rate of 20% per annum from the next day to the date of full payment.”
In other words, Supreme Court Decision 2014Da218528, 2014Da218535, 2014Da218535, 2014Da218542, 2014Da21859, 2059.