logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.08.28 2020가단701
청구이의
Text

1. The defendant's Daegu District Court 2018Kadan10951 Case and Daegu District Court for the plaintiff.

Reasons

According to Gap evidence Nos. 1, 2, and 5, the plaintiff was found to have deposited the entire principal and interest of the Daegu District Court Decision 2018Kadan109551 on Jan. 10, 2020 and the decision of the Daegu District Court 2018KaMa225 on Nov. 10, 2020 and the total amount of the principal and interest of the decision of the Supreme Court 2018Kama25 on Dec. 1

However, with respect to executive titles ordering a payment of money, the whole executory power may not be claimed unless the executory power is reimbursed (see, e.g., Supreme Court Decision 2008Da10051, Jul. 10, 2008). The Defendant filed an application for the order of seizure of shares of 2019TT District Court 2019TTTTTT105 and the order of special cashization of shares of 205740 due to compulsory execution based on the above judgment and decision. The fact that the executory power of the above judgment exceeds 16,00,000 won may be acknowledged either as a dispute between the parties or as a whole by taking into account the overall purport of pleadings as stated in the evidence Nos. 3, 4, 1 and 2 above. Thus, the executory power of the above judgment shall be excluded only to the part exceeding 16,00,000 won for enforcement costs.

Therefore, the compulsory execution based on the above judgment and decision should not be permitted to exceed 16,00,000 won for enforcement expenses. Therefore, it is so decided as per Disposition by the court below to accept part of the plaintiff's claim.

arrow