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The defendant's High Court's High Court Decision 2017 Ghana16218 decided September 5, 2017 is based on the defendant's High Court's High Court Decision against the plaintiff.
Reasons
1. Basic facts
A. On September 5, 2017, the Defendant filed a lawsuit against the Plaintiff for wage, etc. with the District Court High Court 2017 Ghana16218, and received a judgment from the court of first instance that the Plaintiff would pay to the Defendant 8,829,239 won and the amount equivalent to 20% per annum from November 27, 2016 to the date of full payment, and the said judgment became final and conclusive on September 28, 2017.
(hereinafter “the final judgment of this case”). (b)
The Defendant filed an application for a compulsory auction for real estate by Goyang Branch C to receive the final judgment amount of this case. During that process, the Defendant spent the total of KRW 3,408,970,00 on October 19, 201, including: (a) KRW 123,60; (b) KRW 5,000; (c) KRW 5,00; and (d) KRW 3,408,970; and (c) KRW 3,408,970,00; and (d) KRW 123,60; and (e) KRW 5,000; and (e) KRW 5,970,00.
C. On February 19, 2020, the Plaintiff deposited KRW 14,536,883 as the principal of the obligation pursuant to the final judgment of this case and damages for delay until February 19, 2020, with the Defendant as the principal of the deposit and the damages for delay from February 19, 2020.
On March 31, 2020, the defendant reserved an objection and received the deposit money.
E. Until the enforcement of February 20, 2020 was suspended, the remaining amount remains 1,269,940 won and the balance of the service charge is 276,351 won.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, substantial fact in this court, purport of whole pleadings
2. If the assertion and judgment deposit is to be valid, the provision for the full repayment of the obligation and the deposit for the full repayment of the obligation is required, and the deposit for the part which is not the full repayment of the obligation does not take effect even with respect to that part. However, if the obligee expresses his/her intent of reservation that the deposit be appropriated for part of the obligation, and receives it, the deposit money shall be paid for the part