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(영문) 서울동부지방법원 2020.07.24 2019가단22020
청구이의
Text

On November 28, 2018, the Seoul Eastern District Court (Seoul Eastern District Court) enforced enforcement against the plaintiff by the decision of 2018Kadan121982.

Reasons

1. On November 28, 2018, the Defendant filed a lawsuit against the Plaintiff for the claim for lease deposit against Seoul East Eastern District Court 2018Da121982, and rendered a judgment on November 28, 2018 that “the Plaintiff (the Plaintiff in our case) shall pay KRW 150,00,000 to the Plaintiff (the Defendant in our case)” and the judgment became final and conclusive around that time. The Defendant collected KRW 22,814,675 upon obtaining a seizure and collection order against the Plaintiff’s deposit claim by designating the above final and conclusive judgment as an executive title around October 2019, the Defendant collected KRW 22,814,675 upon obtaining a seizure and collection order against the Plaintiff’s deposit claim. The fact that the Plaintiff repaid KRW 127,192,325 to the Defendant around November 1, 2019 can be acknowledged by comprehensively considering the overall purport of the pleadings in each of the evidence

According to the above facts, since the plaintiff's obligation based on the above judgment has been fully repaid and extinguished, compulsory execution based on the above judgment shall not be permitted.

2. The plaintiff's claim is accepted on the ground of its reasoning.

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