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1. The Defendant: (a) KRW 1,090,000 for the Plaintiff and 5% per annum from May 13, 2016 to November 1, 2016; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. Seoul Southern Advertising Development Co., Ltd. filed a lawsuit against the plaintiff and the plaintiff's mother in Seoul District Court Decision 95 Ma62460 (hereinafter "the claim of this case") and sentenced to the above court's decision that "the plaintiff and C jointly pays 56,710,350 won to the Seoul Southern Advertising Development Co., Ltd. and the amount equivalent to 25% per annum from July 14, 1995 to the full payment date." On October 4, 1995, the above decision became final and conclusive, and the defendant acquired the claim of Seoul Southern Southern Advertising Development Co., Ltd. (hereinafter "the claim of this case") based on the above final judgment (hereinafter "the final judgment of this case"), and received the succession of execution clause on August 2, 2005.
B. On August 6, 2014, the Defendant filed an application for a compulsory auction against Echip motor vehicles owned by the Plaintiff (hereinafter “instant motor vehicles”) with Seoul Southern District Court D on August 6, 2014, and received a decision to commence auction on the seventh day of the same month, and the enforcement officer kept the said motor vehicles to the Defendant on September 4, 2014 in accordance with the court’s delivery decision. In addition, on September 18, 2014, the Defendant filed an application for auction against the movables owned by the Plaintiff with the Seoul Southern District Court 2014No4292.
(C) The auction procedure for the above movables is “instant corporeal movables auction procedure” (hereinafter “instant auction procedure”).
On the other hand, on October 1, 2014, the Plaintiff filed a lawsuit of demurrer (Seoul Central District Court 2014Gahap579617, hereinafter “instant objection case”) on the grounds that the instant claim had been extinguished due to the completion of prescription, and filed an application for suspension of compulsory execution at the same time, and the Seoul Central District Court decided on October 7, 2014 that “the compulsory execution based on the original copy of the instant final judgment shall be suspended until the said judgment of the case is pronounced” on the condition that the Plaintiff deposit KRW 60 million as security.
However, the plaintiff is a security deposit to suspend compulsory execution.