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1. Compulsory execution against the Defendant’s Plaintiff based on the Daegu High Court Decision 2013Na3515 Decided June 24, 2014.
Reasons
1. Basic facts
A. On June 27, 2013, the Defendant and C filed a claim suit against the Plaintiff, including this court’s 201Ahap3443 agreement amount, and were sentenced to dismissal judgment from this court. However, on June 24, 2014, the Daegu High Court sentenced the Defendant to “on the basis of the conjunctive claim added at the trial, the Plaintiff paid 100 million won to the Defendant with 5% interest per annum from June 21, 201 to June 24, 2014, and 20% interest per annum from the next day to the day of full payment.”
Therefore, although the Plaintiff appealed by Supreme Court Decision 2014Da48767, on November 13, 2014, the judgment of the second instance (hereinafter “the judgment of the first instance”) became final and conclusive.
B. Meanwhile, on May 16, 2014, the Plaintiff filed a lawsuit claiming damages against the Defendant, etc., and was sentenced to the judgment of this court that "the Plaintiff, the Defendant, etc., paid 200,000,000 won per annum from June 26, 2008 to April 3, 2014, and 20% per annum from the next day to the day of full payment, and the amount calculated at 10,000 won per annum from March 29, 2014 to May 16, 2014, and 20% per annum from the next day to the day of full payment."
Accordingly, the Defendant appealed and appealed from the Daegu High Court Decision 2014Na2656 and Supreme Court Decision 2015Da23345, but all of the appeals were dismissed on March 17, 2015 and June 24, 2015, and the said judgment of the first instance (hereinafter “the second judgment”) became final and conclusive.
C. Based on the judgment of the first instance on which the sentence of provisional execution was attached, the Defendant applied for a seizure and collection order of the court 2014TTT 4962 against the Plaintiff as the debtor, and the Daegu Bank as the third debtor. On July 9, 2014, the court issued a seizure and collection order of the claim.
Accordingly, while filing the instant lawsuit, the Plaintiff filed an application for the suspension of compulsory execution with this court, and the said court filed the instant lawsuit.