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(영문) 서울중앙지방법원 2020.05.12 2019가단5190901
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on the Seoul High Court Decision 2014Na51390 Decided January 22, 2016.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff for compensation for damages (Seoul Central District Court 2013Da13907), and the Plaintiff is “Plaintiff and D.” The Defendant is “Plaintiff and D. Party other than the Plaintiff and the Defendant.” On September 18, 2014, “the Plaintiff shall pay to the Defendant 2,00,000 won and the amount at the rate of 20% per annum from November 28, 2013 to the day of full payment (hereinafter “the Plaintiff shall be paid to the Defendant with 20% interest per annum from November 28, 2013”) and both parties appealed from the above judgment (Seoul Central District Court 2014Na51390), and on January 22, 2016, “the Plaintiff shall be 35,794,939, and 2035% per annum from the day following the Seoul High Court 200 per annum to the day of full payment (hereinafter “the Plaintiff shall be 10% per annum from the 203130% per annum,20139393.

B. On October 5, 2016, the Plaintiff filed an appeal against the Defendant to seek non-performance of compulsory execution based on the instant judgment (Seoul Central District Court 2016Gahap59150), and on April 28, 2017, the Plaintiff appealed to the said judgment (Seoul Central District Court 2016Gahap59150), stating that “for compulsory execution based on the instant judgment, KRW 33,794,933 and its amount exceed 5% per annum from October 16, 2015 to January 22, 2016, and the amount exceeding 20% per annum from the next day to the day of full payment,” and the said judgment was rejected only on March 30, 2018 (Seoul High Court 2017Na2025312), with respect to compulsory execution exceeding 50% per annum56,516,516 and 208.

(c).

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