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(영문) 수원지방법원안양지원 2020.06.26 2019가단10048
청구이의
Text

1. Compulsory execution against the plaintiff by the defendant in Suwon District Court Decision 2009 Ghana68714 is enforced.

Reasons

1. Basic facts

A. On August 20, 2010, the Defendant filed a lawsuit against the Plaintiff seeking compensation for damages under the Suwon District Court Ansan Branch Decision 2009 Ghana68714, and paid to the Defendant 1,109,876 won and the amount calculated by applying the rate of 5% per annum from May 29, 2010 to August 20, 2010, and 20% per annum from the next day to the date of full payment. The Defendant dismissed the remainder of the Defendant’s claim. 3. Of the litigation costs, 70% of the remainder was declared by the Defendant, and the remainder was either borne by the Plaintiff, and the above judgment became final and conclusive.

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

The Defendant filed an application for a compulsory auction to this court for the movable property owned by the Plaintiff with the final judgment in this case as executive title. On April 12, 2012, the Plaintiff repaid KRW 1,596,215 in total the principal and interest and compulsory execution expenses according to the final judgment of this case.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. We examine the judgment on the cause of the claim, and the fact that the Plaintiff fully repaid the principal and interest and the costs of compulsory execution according to the final judgment of this case does not conflict between the parties or as seen earlier, compulsory execution based on the final judgment of this case shall be dismissed.

3. As to the Defendant’s assertion, the Defendant filed an application with the Plaintiff for the confirmation of litigation costs with the Suwon District Court Branch Branch Branch Decision 2019Kadan10350, Apr. 22, 2020, for the confirmation of litigation costs that “the Plaintiff confirmed that the amount of litigation costs to be repaid to the Defendant is KRW 29,188,” and thus, the Defendant’s assertion that the executory power of the final and conclusive judgment of this case should be maintained is maintained. However, compulsory execution with the title of the execution of litigation costs, which is separate from compulsory execution based on the final and conclusive judgment,

4. The plaintiff's claim of this case is reasonable and acceptable.

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