beta
Text
1.(a)
Compulsory execution based on the Busan District Court's Busan District Court's 2019 Ghana3581 decision against the plaintiff is 823.
Reasons
Basic Facts
The Defendant filed a lawsuit against the Plaintiff for the payment of management expenses (hereinafter referred to as “related cases”) under this Court No. 2019 Ghana3581, Nov. 7, 2019, the Court rendered a ruling that “the Plaintiff shall pay to the Defendant 14,649,116 won and 11,398,470 won among them, from February 2, 2019 to February 2, 2019, from the remainder 3,250,646 won, from July 17, 2019 to November 7, 2019 to the remainder 3,250,646 won, and from the next day to the day of full payment, 5% per annum from the next day to November 7, 2019 to the day of full payment,” which became final and conclusive around that time.
On January 16, 2020, the Plaintiff remitted KRW 16,397,416 to the Defendant.
[Ground of recognition] Facts without dispute, Gap 2-5 evidence, the summary of the plaintiff's argument in the purport of the whole pleadings, and the purport of the plaintiff's argument, as the plaintiff remitted KRW 16,397,416 to the defendant on January 16, 2020, the defendant's claim against the plaintiff in accordance with the above final judgment is all extinguished. Thus, compulsory execution against the plaintiff in accordance with the above final judgment shall not be allowed.
The gist of the defendant's assertion was that KRW 14,649,116, out of the time when the plaintiff remitted the above KRW 16,39,416 to the defendant, the remaining KRW 1,748,30 shall be appropriated for the repayment of management expenses from June 2019 to November 2019, which is not included in the defendant's claim against the plaintiff under the above final judgment. The damages for delay and the costs of the above final judgment were not repaid, and therefore the defendant's claim against the plaintiff under the above final judgment was not extinguished.
Judgment
In other words, the sum of principal and damages for delay under the above final judgment as of January 16, 2020 shall be 15,472,650 won [the sum of principal and damages for delay under the above final judgment as of January 16, 2020 = 823,534 won [the principal = (1,398,470 won x 0.05 x 0.05 x 279/365)] (3,250,646 won x 0.05 x 0.05 x 14,649,116 x 0.12 x 70/365 x 114/365 x 116 x 0.12 x 70/365)]]. The amount of remittance is 16,397,416 won.