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(영문) 창원지방법원통영지원 2019.02.20 2018가단28500
청구이의
Text

1. The Defendant’s compensation for damages against the Plaintiff by the Changwon District Court 2017Kahap1502 (the principal lawsuit).

Reasons

1. The defendant's decision on the defense prior to the merits of this case asserts that the lawsuit of this case has no benefit of lawsuit against the good faith, since the plaintiff's refusal to withdraw the auction procedure on the land owned by the plaintiff is intended to receive a certain amount of money from the defendant through the application for confirmation of litigation costs, etc.

However, as seen below, the Plaintiff paid a debt to the Defendant on or around December 20, 2018, and filed the instant lawsuit on or around December 21, 2018, but the Defendant withdrawn the application for auction of the Plaintiff’s real estate on or around January 9, 2019.

In light of these circumstances, it is difficult to view the instant lawsuit as having no interest in the lawsuit contrary to the good faith principle solely on the grounds that the Defendant asserted.

Therefore, we cannot accept the defendant's defense prior to the merits.

2. In addition to the purport of the entire pleadings as to the merits as to Gap's evidence Nos. 1 through 5, the following facts: ① around April 26, 2018, between the plaintiff and the defendant, KRW 50,000,000 to June 11, 2018, and KRW 10,000,000 as a sum of KRW 10,000 on the 11st day of each month from July 1, 2018 to November 11, 2018 shall be paid to the defendant, and where the due date is not paid by the due date, an adjustment (hereinafter referred to as "instant adjustment") established to the effect that the defendant shall pay damages for delay by adding 15% interest per annum to the above 15% interest per annum (hereinafter referred to as "the above adjustment"), KRW 2017,1502, 2017, and KRW 11519 (Counterclaim), ② the plaintiff's claim for compulsory execution against the defendant, the remaining amount of KRW 16,7.16,7.

The above facts of recognition.

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