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(영문) 춘천지방법원강릉지원 2015.03.12 2014가합1488
청구이의
Text

1. The defendant's compensation for damages against the plaintiff 2012Gahap2142 (principal lawsuit) and 2013Gahap792 (Counterclaim).

Reasons

1. Indication of claim;

A. On February 6, 2014, the Plaintiff was sentenced to the said court’s judgment that “the Defendant (the Plaintiff of this case) shall pay 40,678,157 won to the Plaintiff (the Defendant of this case) and 5% interest per annum from November 6, 2012 to February 6, 2014, and 20% interest per annum from the next day to the day of full payment,” and the said judgment became final and conclusive on November 18, 2014.

B. ① The Defendant’s creditor, as Suwon District Court 2014TT25783, issued a collection order against KRW 3,290,975 out of the above judgment amount, and ② D received a seizure and collection order against KRW 5,407,812 out of the above judgment amount as the Suwon District Court 2014TT25782, and ③ E received a seizure and collection order against KRW 27,789,349 out of the above judgment amount as the Suwon District Court 2014TT25759, and each of the above decisions was served on the Plaintiff.

C. As of November 19, 2014, the above judgment amounted to KRW 49,605,062 (i.e., the principal amount of KRW 40,678,157, and KRW 8,926,905). On the same day, the Plaintiff paid KRW 3,290,975, and KRW 5,407,812 to D, and KRW 27,789,349, and deposited the Defendant as the principal deposit.

Since the above repayment and deposit become all the claim of the above judgment has become extinct, compulsory execution based on the above judgment shall be dismissed.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;

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