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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff guaranteed B’s goods-price liability when purchasing a motor vehicle from the treatment plate Co., Ltd.
(hereinafter referred to as “instant product price claim”. B.
On July 23, 1998, in the case of the claim for the purchase price of goods from the High-si court of the Seoul District Court 98 Ghana1541, the High-si court of the Seoul District Court, which filed against the plaintiff who is the guarantor, the plaintiff was sentenced to the judgment that "the plaintiff shall pay to the Dagman Co., Ltd. the amount equivalent to 11,771,640 won and the amount equivalent to 24 percent per annum from July 26, 1995 to the full payment date." The above judgment was finalized on August 26, 1998.
C. The judgment of the court below was delivered KRW 375,540 at the auction procedure on September 9, 2005 by requesting an auction of the Plaintiff’s corporeal movables with the title of execution.
The judgment of the court below in light of the legal principles as seen earlier, the judgment of the court below did not err in the misapprehension of legal principles as otherwise alleged in the ground of appeal.
E. On January 19, 2016, the Defendant received an execution clause to succeed to the above judgment, and on February 2, 2016, issued a seizure and collection order as to the Plaintiff’s claim against the Plaintiff’s financial institution under the name of 2016TT 1156.
F. On February 23, 2016, the Defendant collected KRW 1,267,173 from the Bank of Korea on February 23, 2016, KRW 236,913 from the Bank of Korea, KRW 749,000 from the Bank of Korea on May 3, 2016, and KRW 748,00 from the Bank of Korea on May 16, 2016, respectively.
G. On December 22, 2016, the Plaintiff received a judgment that “the Defendant’s Government Branch of the Seoul District Court for the Plaintiff shall not be subject to compulsory execution based on the judgment of 98 Ghana1541 Decided July 23, 1998,” which was filed against the Defendant, on the grounds that “The Defendant’s Government Branch of the Seoul District Court for the Plaintiff shall not be subject to compulsory execution based on the judgment of 98 Ghana1541.”