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1. The defendant's compulsory execution against the plaintiff is not permitted by Busan District Court Decision 201Ga30822.
Reasons
1. The Plaintiff and E, F, G, and H (hereinafter “Plaintiff, etc.”) who were their children after D’s death, filed a lawsuit against the Plaintiff, etc. seeking payment of KRW 30,000,000 per each five million by Busan District Court Decision 201Ga30822, on the grounds that they were obligated to pay the amount according to their respective inheritance shares.
On December 22, 2011, the above court sentenced C to the judgment that “the Plaintiff, etc. shall pay C 5 million won each and 24% interest per annum from March 26, 2011 to the day of full payment,” and the above judgment became final and conclusive as it is.
(hereinafter “The final and conclusive judgment of this case”). C transferred to the Defendant, on July 25, 2016, claims based on the final and conclusive judgment of this case, and the Defendant was granted the succeeding execution clause on October 6, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2
2. Assertion and determination
A. The Plaintiff asserted that, around May 23, 2012, the compulsory execution based on the final judgment of the instant case should be denied, since the Plaintiff agreed to pay C KRW 5,500,000 to the said amount and the full repayment of the debt amount based on the final judgment of the instant case was made.
In this regard, the Defendant asserted that the total amount of the debt at the time was approximately KRW 6,368,480,000, and thus, even if the Plaintiff was paid KRW 5,500,000 from the Plaintiff, the Defendant did not receive KRW 868,480 and damages for delay. As a result, the Plaintiff et al. did not agree that the total amount of the debt was repaid at KRW 5,50,000.
B. (1) According to the purport of the evidence Nos. 2-1, 2, 3, 5, and 1-4 of evidence Nos. 2-1, 2-3, 5-1, and 1-4 of the whole pleadings, and the whole purport of the pleadings, the following facts are as follows: (a) upon the final judgment of this case, C was determined to seize and collect the claim as of May 11, 2012 by designating the Plaintiff as the debtor, and (b) the Plaintiff was subject to the collection order as of May 23, 2012.