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1. The District Court Decision 2016Na58974 decided August 23, 2017 (main office) against the Plaintiff (Counterclaim Defendant) by the Defendant-Counterclaim Plaintiff.
Reasons
Facts of recognition
The following facts may be recognized by taking comprehensive account of the overall purport of evidence and pleadings:
- In this case between the Plaintiff and the Defendant, the Supreme Court rendered a judgment on September 22, 2016 to the effect that “the Defendant shall pay to the Plaintiff KRW 5,133,000 and interest or delay damages thereon” (hereinafter the first instance judgment).
- The judgment of the first instance court was handed down on August 23, 2017, which states that "the plaintiff shall pay to the defendant 7,211,864 won and money calculated at the rate of 15% per annum from July 22, 2016 to August 23, 2017," and that "the plaintiff shall pay to the defendant 7,211,864 won and money calculated at the rate of 7,25% per annum from the next day to the day of full payment" (hereinafter the judgment of this case). The above judgment became final and conclusive on December 7, 2017.
- Based on the judgment of the first instance court, the Plaintiff applied for a compulsory auction (hereinafter referred to as the first compulsory auction) on the Defendant’s real estate as Chuncheon District Court D, and the decision of commencement was rendered. After the judgment of this case became final and conclusive, the decision of dismissal was rendered on December 20, 2017 upon the Defendant’s application for cancellation, and the Seoul East East District Court 2016TTTTTT12387 applied for a seizure and collection order on October 25, 2016 against the Defendant’s three financial institutions. After the judgment of this case became final and conclusive, the Plaintiff applied for a seizure and collection order on the Defendant’s three financial institutions, and was cited on October 25, 2016.
- On December 12, 2017, the Plaintiff deposited KRW 7,480,00 (the principal amount of KRW 7,211,864, interest 268,136 in the fact of the cause of deposit) with the Seoul Eastern District Court Decision 5061 in order to repay the debt ordered for payment in the instant judgment (hereinafter the first deposit). However, on December 19, 2017, the Defendant made a compulsory auction for the Plaintiff’s real estate E with the Seoul East Eastern District Court (hereinafter the instant compulsory auction) upon the instant judgment.