1. The Defendant’s claim against the Plaintiff for the refund of deposit money by the Seoul Northern District Court 2017 Ghana3607.

Basic Facts

On December 20, 2017, the Defendant filed a lawsuit against the Plaintiff for the claim for the return of deposit set forth in paragraph (1) of the Disposition, and sentenced the Plaintiff to the Defendant “15,00,000 won and the amount calculated at the rate of 5% per annum from February 21, 2017 to May 26, 2017, and 15% per annum from the next day to the date of full payment. The above judgment became final and conclusive around that time.

(hereinafter referred to as "the final judgment of this case". After that, the defendant applied for a compulsory auction on the real estate owned by the plaintiff to Seoul Central District Court D on April 3, 2018 (hereinafter referred to as "the execution of this case") according to the final judgment of this case.

The Defendant spent KRW 103,260 for on-site investigation expenses (i.e., KRW 40,00 for on-site investigation travel expenses, KRW 63,260 for on-site investigation), KRW 966,90 for appraisal fees, KRW 7,200 for registration and license tax and local education tax, KRW 5,00 for stamp tax, KRW 82,498 for delivery fees.

On April 30, 2018, the Plaintiff deposited KRW 17,388,186 with Seoul Northern District Court Decision 2018Da1639, 2018, stating in the fact that “The Plaintiff deposited KRW 17,284,926 and KRW 17,388,186, the sum of the final judgment amount of KRW 17,260 and KRW 103,260 incurred in the execution process of the instant case,” and “the first deposit of this case.”

() According to the instant final judgment, the amount to be paid by the Plaintiff to the Defendant is KRW 17,284,931 as of April 30, 2018 (i.e., the principal amount of KRW 15,00,000,000, calculated at the rate of 5% per annum from February 21, 2017 to May 26, 2017; and (ii) interest of KRW 195,205 calculated at the rate of 15% per annum on the said principal amount of KRW 15% per annum from May 27, 2017 to April 30, 2018; hereinafter the same shall apply).

Accordingly, on March 19, 2019, the Plaintiff paid KRW 966,90, registration license tax, and local education tax, KRW 7,200, stamp tax 5,000, and KRW 1,061,598, as Seoul Northern District Court Decision 1044, Jan. 1, 2019, for the purpose of paying KRW 1,061,598, the sum of KRW 82,498.