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1. The Defendant’s decision is based on the Seoul Central District Court Decision 2013Kahap563608 Decided July 10, 2015.
Reasons
1. Facts of recognition;
A. On July 10, 2015, the Defendant filed a lawsuit against the Plaintiffs for damages claim (hereinafter “prior lawsuit”) with the Seoul Central District Court (hereinafter “Seoul Central District Court Decision 2013Gahap563608), and sentenced the above court to the judgment that “the Plaintiffs shall pay 14,282,095 won to each of the Plaintiffs, and 5% per annum from November 27, 2014 to July 10, 2015, and 20% per annum from the next day to the day of full payment.” Although the Plaintiffs appealed as Seoul High Court Decision 2015Na2042061, the lower court dismissed the appeal on March 10, 2016; Supreme Court Decision 2016Da216212, Jun. 23, 2016.
B. In the auction procedure for corporeal movables based on the judgment of the preceding lawsuit, the Defendant received each repayment of KRW 347,170 from the Plaintiff, and KRW 791,620 from the Plaintiff, and appropriated it for the principal.
C. On December 18, 2015, Plaintiff B designated the principal of and interest on the remaining judgment under Article 5926 of the Seoul Southern District Court Decision 2015 x 14,812,969 won [347,170 won - 347,170 won - 791,620 won - (14,282,095 won x 5% per annum x 226/365) + (14,282,095 won x 20% per annum 14,282,095 x 109 days x 109 days / 365 days) + (14,282,095 - 347, 170 won - 791, 620 won) x 20% per annum x 52 days/365 days, and less than won] and deposited as the principal.
[Reasons for Recognition] Each entry of Gap's 1, 3, and 4 (including branch numbers, if any) without dispute
2. According to the facts acknowledged prior to the determination of the cause of the claim, since the plaintiffs' debts based on the judgment of the preceding case against the defendant have ceased to exist by the repayment deposit, compulsory execution based on the judgment of the preceding lawsuit shall not be permitted.
3. In conclusion, the plaintiffs' claim of this case is reasonable, and it is so decided as per Disposition.