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(영문) 대전지방법원천안지원 2015.06.09 2015가단3521
청구이의
Text

1. On the other hand, the defendant's claim for the return of deposit for lease deposit against the plaintiff of Daejeon District Court 2014Gadan8943 was filed.

Reasons

1.The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 4:

In the case of the claim for the refund of lease deposit against the Plaintiff, the said court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) on April 21, 2014 with the purport that “the Defendant shall pay the Plaintiff KRW 2,00,000 and the amount calculated by the rate of 5% per annum from March 4, 2014 to the date of delivery of a duplicate of the complaint of this case, and 20% per annum from the next day to the date of full payment” (hereinafter “decision on performance recommendation of this case”), and the Plaintiff did not raise any objection on June 26, 2014, and thus, the decision on performance recommendation of this case was finalized on July 11, 2014.

B. As the Plaintiff did not repay the debt following the decision on performance recommendation of this case, the Defendant applied for a compulsory auction of real estate to Daejeon District Court Support C with the title of execution of the instant decision on performance recommendation, and the said court, on January 2, 2015, in order for the Plaintiff to make a decision on compulsory performance of real estate on March 5, 2015, the Plaintiff deposited the total amount of KRW 3,008,768 (i.e., the principal of the debt, KRW 2,000,000,000, KRW 700,000 for the execution expenses of KRW 70,000 for the execution expenses of KRW 768,768, Jul. 768, 208).

2. According to the above facts of recognition, since the Plaintiff’s debt owed to the Defendant following the decision on the recommendation of execution of this case was all extinguished by the Plaintiff’s deposit for repayment, compulsory execution against the Plaintiff based on the decision on the recommendation of execution of this case shall not be permitted.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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