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(영문) 춘천지방법원원주지원 2020.07.22 2020가단52612
청구이의
Text

1. It is based on the Defendant’s original Chuncheon District Court Decision 2019 Ghana64750 Decided February 7, 2020 against the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 7, 2020, the Defendant filed a lawsuit against the Plaintiff for unjust enrichment (hereinafter “instant judgment”) with this Court No. 2019 Ghana64750, the Defendant was sentenced to the judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 350,000 and interest calculated at the rate of 12% per annum from June 29, 2019 to the day of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B. In addition, the Defendant filed an application with this Court for the determination of litigation costs as to the instant unjust enrichment case, and received a decision on April 27, 2020 that “The amount of litigation costs to be reimbursed by the Plaintiff to the Defendant is KRW 17,890,00,” which read as “the amount of litigation costs to be reimbursed by the instant judgment.”

C. The Plaintiff paid to the Defendant a sum of KRW 409,876 (= KRW 377,255, KRW 32,621) by March 18, 2020.

Even after May 7, 2020, the Plaintiff’s KRW 17,890, and the same month to the Defendant

8. 651 won was paid.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, KRW 409,876, which the Plaintiff paid by March 18, 2020, was appropriated for KRW 17,890 as the above litigation costs and KRW 30,295 as the interest accrued from June 29, 2019 to March 18, 2020, and KRW 398,185 as the principal amount and KRW 350,000 as the judgment amount were all extinguished.

Therefore, compulsory execution based on the judgment of this case against the defendant cannot be permitted.

B. The defendant's assertion that in addition to the judgment of this case and the costs of lawsuit, the defendant has the claim for damages of 2 million won for tort such as intimidation against the plaintiff. However, there is no evidence to acknowledge the defendant's allegation.

3. Conclusion, the plaintiff's claim is justified and acceptable.

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