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(영문) 수원지방법원안산지원 2020.09.09 2019가단69691
청구이의
Text

1. It is based on the judgment of the Suwon District Court rendered on September 27, 2017, rendered by the Defendant to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 27, 2017, in Suwon District Court Decision 2016Gadan54889, the Plaintiff and the Defendant rendered a judgment that “the Plaintiff shall pay to the Defendant 5,565,480 won and 3,569,355 won with 15% interest per annum from November 11, 2016 to the day of full payment,” and the said judgment became final and conclusive on June 18, 2019.

(hereinafter referred to as the “instant judgment,” and the Plaintiff’s obligation to the Defendant based on the instant judgment (hereinafter referred to as the “instant obligation”). B.

On August 26, 2019, the Plaintiff deposited KRW 7,060,000 in total, as the principal of the instant debt and damages for delay until August 26, 2019, the Plaintiff deposited KRW 1475 of this Court’s 2019.

C. On August 27, 2019, the Plaintiff deposited KRW 768,654 of the enforcement cost based on the instant judgment, as KRW 1478,00,000,000.

On November 19, 2019, the Defendant received each of the above deposit without filing an objection.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 17, Eul evidence 1 to 3 (including provisional number), the purport of the whole pleadings

2. According to the above findings of the determination, the debt of this case was extinguished by the Plaintiff’s deposit for repayment and the receipt without the Defendant’s objection.

I would like to say.

On the other hand, in a case of objection, even if the original obligation indicated on the executive title becomes extinct by repayment or deposit, as long as the expenses for execution to be indemnified by the debtor are not repaid, the whole executory power of the executive title concerned shall not be excluded.

(See Supreme Court Decision 89Da2356, 89Meu121, Sept. 26, 1989, etc.). According to the health care unit and the above recognition, the amount equivalent to KRW 768,654 out of the costs of compulsory execution based on the judgment of this case was extinguished by the Plaintiff’s deposit for repayment.

On the other hand, in addition to the amount equivalent to the above deposit money, the defendant's compensation of 40,000 won and the service fee of 44,982 won are for compulsory execution of the judgment of this case.

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