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(영문) 부산지방법원 2019.08.22 2018가단18197
청구이의
Text

1. Compulsory execution against the Plaintiff by the Defendant based on the Busan District Court Decision 2016Gaso56113 Decided January 24, 2017.

Reasons

1. Facts of recognition;

A. On January 24, 2017, the Defendant filed a lawsuit against the Plaintiff for the return of down payment, and was sentenced to the Busan District Court Decision 2016Da56113, that “the Plaintiff shall pay to the Defendant the amount of KRW 500,000 and the amount calculated at the rate of 5% per annum from December 15, 2016 to January 24, 2017, and 15% per annum from the next day to the date of full payment”, and the above judgment was finalized on February 22, 2017.

(hereinafter “the final judgment of this case”). (b)

In accordance with the instant final judgment, the Plaintiff paid KRW 600,000,000 to the Defendant, as stated in the attachment details, from March 9, 2017 to September 3, 2017, according to the instant final judgment.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, it is reasonable to view that the Plaintiff paid a sum of KRW 600,000 to the Defendant, thereby extinguishing all the Plaintiff’s obligations against the Defendant according to the final judgment of this case. Therefore, the executory power of the final judgment of this case should be excluded

B. As to this, the defendant alleged that the costs of lawsuit and expenses incurred in order to obtain the final judgment of this case were not paid. However, as long as the obligations pursuant to the final judgment of this case were fully repaid and extinguished, the defendant's above assertion is without merit without further review.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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