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(영문) 의정부지방법원 2018.10.05 2017가합56995
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on the Seoul High Court Decision 2013Na20283 Decided August 26, 2015.

Reasons

1. Basic facts

A. On August 26, 2015, the appellate court rendered a judgment that “the plaintiff and C shall jointly and severally pay to the defendant KRW 310,931,162 and delay damages therefrom,” and the judgment (hereinafter “the final judgment of this case”) became final and conclusive on August 26, 2015.”

1. The Defendant’s compulsory execution based on the judgment in the damages case No. 2013Na20283 against the Plaintiff is denied only to the part exceeding the amount calculated by the rate of KRW 300 million and the rate of KRW 20% per annum from December 9, 2016 to the date of full payment.

2. As to the case of applying for the suspension of compulsory execution No. 2016 Chicago2038, this Court shall authorize only the portion exceeding the amount calculated by the rate of 30 million won per annum from December 9, 2016 to the date of full payment, calculated by 20% per annum with respect to the case of applying for the suspension of compulsory execution as of June 16, 2016.

3. On November 29, 2016, the Seoul High Court confirmed that all the litigation costs of the first, second, and third instances related to the instant case did not exist between the Plaintiff and the Defendant before November 29, 2016.

4. The Defendant shall immediately file an application for cancellation of the execution of the instant case (No. 2011Kadan50843 and the provisional attachment No. 2012Kadan50857) with the District Court (No. 2011Kadan533) where the Defendant received the money from the Plaintiff.

B. On November 29, 2016, the Defendant filed a lawsuit of demurrer against the final judgment of this case with the Seoul Western District Court D, and the Plaintiff entered into conciliation (hereinafter “instant conciliation”) with the following content as follows: (a) the application for compulsory auction on the real estate owned by the Plaintiff was defective; and (b) the Plaintiff filed a lawsuit of demurrer against the claim against the final judgment of this case with the Seoul Western District Court 2016Gahap52507.

C. On December 6, 2016, the Plaintiff recovered KRW 300 million from the deposit money in the case of the suspension of compulsory execution under Paragraph (2) of the instant conciliation clause to the Defendant on the said money.

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