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(영문) 서울중앙지방법원 2019.05.15 2018가단59190
청구이의의 소
Text

1. Seoul Central District Court Decision 2016Gaso198569 decided September 28, 2016 (main office) against the Defendant’s Plaintiff.

Reasons

1. Facts of recognition;

A. On June 9, 2013, the Plaintiff injured the Defendant’s reputation by stating the facts. Accordingly, on June 7, 2016, the Defendant filed a lawsuit against the Plaintiff seeking damages for the tort in the Seoul Central District Court case No. 2016Gaso19859 (principal lawsuit). The said court rendered judgment on September 28, 2016, stating that “the Plaintiff shall pay to the Defendant 1,00,000 won, and interest calculated at the rate of 5% per annum from June 9, 2013 to September 28, 2016, and 15% per annum from the next day to the day of full payment” (hereinafter “the judgment of the first instance court”).

(2) On June 2, 2017, the appellate court rendered a judgment dismissing both the Defendant’s appeal and the Plaintiff’s appeal on the principal lawsuit (hereinafter “the appellate court judgment”) against the Defendant on August 22, 2016, which dismissed the Plaintiff’s counterclaim. However, the first instance court dismissed the Plaintiff’s counterclaim claim against the Defendant. The Plaintiff appealed to the part of the first instance court’s counterclaim claim by exchanging the counterclaim claim at the appellate court, and subsequently, the Plaintiff filed a claim for the counterclaim by changing the counterclaim claim at the appellate court to exchange the counterclaim claim at the appellate court. The Defendant appealed to the Supreme Court, but the appellate court dismissed the appeal on October 25, 2017, which became final and conclusive.

B. Defendant’s compulsory execution 1) On October 13, 2016, based on the judgment of the first instance court, the Defendant omitted the Plaintiff’s entry of the Plaintiff C Co., Ltd. (hereinafter “Co., Ltd.”) in Seoul Central District Court Decision 2016TT18399.

(2) As to the deposit claims against the bank, the Defendant received a seizure and collection order, and accordingly, received KRW 53,124 from the E bank on October 19, 2016, and KRW 253,387 from C on October 24, 2016, respectively. (2) The Defendant rendered a judgment of the first instance court on May 18, 2018.

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