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(영문) 의정부지방법원 2015.05.14 2014가합10356
청구이의
Text

1. The Defendant’s District Court Decision 2012Na51562 Decided April 25, 2014, and Supreme Court Decision 2012Na51562 Decided September 24, 2014.

Reasons

1. Indication of claim;

A. On April 25, 2014, the District Court rendered a judgment to the effect that “The Plaintiff shall pay to the Defendant the amount of KRW 1 billion and the amount calculated at the rate of KRW 20% per annum from October 14, 2011 to the date of full payment” (2012Na51562).

B. On September 24, 2014, the Supreme Court appealed the Plaintiff’s appeal. On September 24, 2014, the Supreme Court rendered a judgment that “The part against the Plaintiff ordering payment of KRW 1 billion from October 14, 2011 to June 26, 2013, in excess of 5% per annum and 20% per annum from the next day to the day of full payment, shall be reversed, and the Defendant’s selective claim corresponding to that part shall be dismissed” (2014Da211299).

C. On September 26, 2014, the Plaintiff deposited KRW 1,335,479,451 with the Incheon District Court No. 8074, as the Defendant refused to receive the said judgment, and deposited KRW 1,335,479,451.

Therefore, compulsory execution based on the Supreme Court Decision 2012Na51562 Decided April 25, 2014 and Supreme Court Decision 2014Da211299 Decided September 24, 2014 should be denied against the Plaintiff.

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

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