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(영문) 청주지방법원충주지원 2015.06.04 2015가합151
청구이의
Text

1. The Defendant’s Cheongju District Court Decision 2013Gahap1723 decided October 30, 2014 against the Plaintiff is based on the Defendant’s Cheongju District Court Decision.

Reasons

1. Indication of claim;

A. On June 13, 201, the Defendant issued a collection order with respect to C’s claim for the return of the lease deposit against the Plaintiff (hereinafter “instant claim for return”) by the Incheon District Court Decision 2011TTB, and filed a lawsuit against the Plaintiff on October 11, 2013 against the Cheongju District Court (201Gahap1723) seeking the payment of the collection deposit under the above seizure and collection order. On October 30, 2014, the said court rendered a final judgment with respect to “the Plaintiff was 150,000,000 won to the Defendant, and 5% per annum from October 16, 2013 to October 30, 2014, and 20% per annum from the next day to the date of full payment (hereinafter “the Plaintiff”) with respect to each of the above Defendants 1 and 20% interest per annum 15, respectively.

B. The Plaintiff deposited KRW 189,650,730, the Incheon District Court deposited KRW 9676, Nov. 14, 2014, pursuant to Article 248(1) of the Civil Execution Act, when multiple claims are seized and provisional seizure against the instant returned claim, and thereby, the Plaintiff’s obligation to return the lease deposit was repaid. Therefore, compulsory execution based on the judgment on the instant prior suit ought to be dismissed.

2. Article 208 (3) 2 of the Civil Procedure Act (in a case where the applicable provisions of Acts are deemed to exist);

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