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(영문) 울산지방법원 2015.07.16 2015가합195
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff by the Ulsan District Court Decision 2013Gahap6601 Decided April 3, 2014.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff on April 3, 2014, U.S. District Court 2013Gahap6601, and the said court rendered a judgment to the effect that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from October 5, 2013 to the day of full payment” with respect to KRW 1587 million and the amount calculated at the rate of 20% per annum from October 5, 2013.

(hereinafter “The final judgment of this case”). The Plaintiff appealed from the Busan High Court Decision 2014Na2860, but the appellate court rendered a ruling dismissing the Plaintiff’s appeal. The Plaintiff filed a second appeal, but the Supreme Court rendered a ruling dismissing the appeal, and the said judgment became final and conclusive as it is.

B. The Defendant applied for a compulsory auction on the Plaintiff-owned Busan Shipping Daegu Daegu District Court D with the Dong branch of the Busan District Court on the ground of the judgment that a provisional execution was declared in the loan case No. 2013Gahap6601, U.S. District Court 201.

C. In order to suspend the compulsory auction above, the Plaintiff filed an application for the suspension of compulsory execution with the Busan High Court 2014Na2860, Busan High Court 2014Na72, and on September 1, 2014, the Plaintiff deposited KRW 170 million with the Busan District Court 6396,00,000 according to the order of the suspension of compulsory execution with the condition of security offered by the above court.

On November 20, 2014, the Defendant collected KRW 170,043,352, which is based on the attachment and collection order of the claim by the Ulsan District Court 2014Tsan District Court 2014,12669, and collected KRW 170,043,352.

E. On May 8, 2015, the Plaintiff, while continuing the instant lawsuit, deposited KRW 30,535,115 with the Defendant as the principal deposit.

F. Meanwhile, the Defendant spent KRW 1,670,880 by November 20, 2014 and KRW 780,480 by May 8, 2015 for the execution of the instant final judgment.

G. Although the Defendant applied for the determination of the amount of litigation costs based on the final judgment of the instant case at this court on March 30, 2015, the Defendant did not make a decision until the date of closing argument of the instant case.

[Reasons for Recognition]

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