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(영문) 서울중앙지방법원 2018.08.30 2018가단5105395
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is KRW 1,846,015, based on the Seoul Central District Court’s 2018s-3652.

Reasons

1. Basic facts

A. On December 22, 2017, the Defendant filed a lawsuit against the Plaintiff for the return of unjust enrichment, and sentenced the Plaintiff to pay KRW 5,747,00 to the Defendant, as well as damages for delay.

(Seoul Central District Court 2017Gada179602). Accordingly, the Plaintiff appealed and the appellate court shall pay 5,00,000 won to the Plaintiff (the Plaintiff and the quoted document of this case; hereinafter the same shall apply) and the Defendant shall pay 2,50,000 won to the Plaintiff (the Defendant and the quoted document of this case; hereinafter the same shall apply) by two installments until April 30, 2018, and 2,50,000 won until May 31, 2018. If the Defendant fails to pay all of the money that he/she has to pay by five,747,000 won, the Defendant shall lose the benefit of time immediately, and the remainder of the money that the Defendant ordered the Plaintiff to pay from the first instance judgment of this case to the date on which he/she lost the benefit of time until the date on which he/she has paid the remainder of 25,00 won per annum from June 8, 2016 to May 15, 2019.

[Seoul Central District Court 2018Na5187(2018ss.3652), hereinafter "the compulsory conciliation decision of this case".

On April 30, 2018, the Plaintiff deposited KRW 5,000,00 to B by the Defendant’s mother.

C. B returned the said money to the Plaintiff on May 2, 2018, and the Defendant was issued an execution clause based on the instant compulsory adjustment decision on May 8, 2018.

On May 4, 2018, the Plaintiff deposited KRW 5,000,000 with the Defendant as the principal deposit.

(U) The fact that there is no dispute over the grounds for recognition, the entry of Gap evidence 1 through 3 and 9, the purport of the entire pleadings, and the fact that there is a significant fact in this Court.

2. The Plaintiff’s assertion that the instant compulsory adjustment decision was not the Defendant but the actual party. As such, the Plaintiff repaid KRW 5,000,000 to B on April 30, 2018 according to the said decision.

Nevertheless, the defendant.

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