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1. It is based on the Daejeon District Court Decision 2015No3474 Decided January 14, 2016, rendered against the Defendant’s Plaintiff.
Reasons
1. On January 14, 2016, the above court rendered a ruling on the claim for reimbursement amounting to Daejeon District Court 2015Da3474 decided on August 14, 2016, “The plaintiff shall pay to the defendant 82,574,385 won and the amount equivalent to 5% per annum from August 27, 2015 to January 14, 2016, and 15% per annum from the next day to the day of full payment.” The above ruling was finalized on February 5, 2016.
(2) On February 11, 2016, the Plaintiff deposited KRW 78,396,846 with the Defendant as the principal deposit (No. 100 of the same court), and thereby the Plaintiff deposited KRW 78,39,846 with the Defendant on March 18, 2016 (No. 100 of the same court). However, on March 10, 2016, the Plaintiff repaid KRW 2,137,90 (the same court 2016 principal63) to the Defendant.
Therefore, the executory power of the final judgment of this case should be excluded.
2. Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act).