(영문) 수원지방법원용인시법원 2017.05.11 2016가단227

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(영문) 수원지방법원용인시법원 2017.05.11 2016가단227

청구이의

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1. The Defendant’s Suwon-si District Court Decision 2013Gaso18931 decided May 16, 2014 (the main office) against the Plaintiff.

Reasons

1. Basic facts

A. On May 15, 2014, the Defendant received a favorable judgment from the above court that “the Plaintiff (the Plaintiff) shall pay to the Plaintiff (the Plaintiff) 13,136,195 won and interest thereon at the rate of 20% per annum from November 8, 2013 to the day of full payment” (the Plaintiff, at that time, filed a lawsuit against the Defendant as the same court No. 2013 Ghana42804 (Counterclaim)).

B. On May 27, 2014, the Defendant, with the above judgment of the first instance court as the executive title, received a seizure and collection order (U.S. District Court 2014TTTT 11825) regarding the Plaintiff’s claim for the sale price of goods against Seowon, etc.

C. Meanwhile, the Plaintiff was dissatisfied with the above judgment of the court of first instance and filed an appeal with Suwon District Court No. 2014Na19933 (principal lawsuit), 2014Na21486 (Counterclaim). On January 29, 2015, the appellate court ordered the Plaintiff (the Plaintiff in this case) to pay money exceeding the annual rate of 20% from November 8, 2013 to May 15, 2014, and the appellate court ordered the Plaintiff (the Plaintiff in this case) to pay the money from the principal lawsuit of the judgment of the court of first instance as to KRW 13,136,195 and KRW 7,392,767 from October 8, 2013 to KRW 5,743,428, and the appellate court ordered the Plaintiff (the Plaintiff in this case to pay the money from the second instance judgment to the date of full payment, and dismissed the judgment of the lower court as to the Plaintiff in this case’s appeal No. 25 (the Plaintiff in this case’s appeal No. 201).

(The judgment of the first instance court that became final and conclusive as above is referred to as the " executive titles of this case".

After that, the Plaintiff paid all the money recognized in the above appellate judgment.

[Grounds for recognition] Evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant's plaintiff is against the defendant.

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