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1. Compulsory execution based on the Ulsan District Court Decision 2018Gadan17876 against the Defendant’s Plaintiff is “56,629 won and won.”
Reasons
1. Facts of recognition;
A. On August 23, 2019, the Ulsan District Court Decision 2018Gadan17876, which filed against the Plaintiff, rendered a judgment that “the Plaintiff shall pay to the Defendant 13,324,000 won and the interest calculated at the rate of 5% per annum from July 12, 2018 to August 23, 2019, and 12% per annum from the next day to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.
B. On September 17, 2019, U.S. District Court Decision 2019Gaga5911 rendered against the Defendant, the Defendant’s creditor obtained a seizure and collection order against the Defendant’s claim for the instant judgment against the Plaintiff as the U.S. District Court 2019 Taga10458, Sept. 17, 2019.
On October 1, 2019, the Plaintiff, upon receipt of the above order of seizure and collection, paid KRW 10,737,610 to D.
C. On October 23, 2019 based on the Ulsan District Court Decision 2019Gaso5928 rendered against the Defendant, E, the Defendant’s other creditors, issued a seizure and collection order against each of the instant claims against each of the Defendant under the Ulsan District Court Decision 2019 Tasoga82, Ulsan District Court 2019, and Ulsan District Court 2020 Tasoga2014, March 16, 2020.
Upon receipt of each of the above orders for seizure and collection, the Plaintiff paid KRW 2,586,390 on October 29, 2019 to E, respectively, and KRW 935,063 on March 19, 202.
[Ground of recognition] Facts without dispute, entry of Gap1 to 6 evidence, purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. As to the cause of the claim, the Plaintiff is dissatisfied with compulsory execution based on the judgment of this case on the premise that the Plaintiff fully repaid the principal and interest of the judgment of this case.
According to the above facts of recognition, the plaintiff paid to the collection right holder of the judgment of this case against the plaintiff of this case as shown below, and the defendant's claim of this case against the plaintiff of this case is calculated at the rate of 12% per annum from March 20, 2020 to the date of full payment, which is the day following the last repayment date.