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(영문) 창원지방법원 2017.11.22 2017가단10346
청구이의
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1. The Defendant’s final and conclusive judgment on the loan claim case against the Plaintiff was based on the Changwon District Court Decision 2012Gahap5155.

Reasons

1. The basic facts of the claim ① The defendant filed a lawsuit against the plaintiff and the non-party Eul as the court 2012Gahap5155, and this court rendered a lawsuit against the plaintiff and the non-party Eul on October 24, 2013. "The defendant Gap shall pay to the plaintiff Eul 59,000,000 won per annum from August 15, 2012 to October 24, 2013, 5% per annum, and 20% per annum from the next day to the day of full payment. The remaining claims against the plaintiff Eul and the defendant Eul are all dismissed, and 3/4 of the part arising between the plaintiff Eul and the defendant shall be borne by the defendant Eul, and the plaintiff Eul and the defendant shall be borne by the defendant," and the judgment of the court below which ruled that the plaintiff's appeal against the plaintiff Eul 2 and the defendant shall not be dismissed as it is by the plaintiff's appellate court 2013 to 215,2015.

2. Judgment on the plaintiff's claim

A. On July 23, 2015, which was after the judgment became final and conclusive as above, the Plaintiff and the Defendant agreed that, if the Plaintiff paid 59 million won to the Defendant, there is no obligation between the parties in relation to the instant case, and immediately, the Plaintiff paid 59 million won to the Defendant, without dispute between the parties, may be acknowledged by the evidence No. 4-1 and No. 2, and there is no counter-proof.

Therefore, the plaintiff's claim seeking non-permission of compulsory execution based on the above final judgment is justified.

B. In relation to the above case, the defendant has the right to claim the return of the cost of lawsuit in addition to the above KRW 59 million against the plaintiff, and on July 23, 2015, the defendant stated that no all claims and obligations between the plaintiff and the defendant exist if the plaintiff pays the amount of KRW 59 million to the defendant.

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