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1. The Defendants’ compulsory execution against the Plaintiff is based on the Suwon District Court Decision 2019Kao-10010 decided on the amount of litigation costs.
Reasons
1. Facts of recognition;
A. Determination of the amount of litigation costs and the Plaintiff’s deposit 1) On January 3, 2019, the Defendants filed an application with the Plaintiff for determination of the amount of litigation costs with the Suwon District Court 2019Kao-10010,0010. On March 8, 2019, the said court rendered a ruling that “The amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant B by a ruling on the claim for lease deposit against the said parties, 2,009,346 won, and the amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant B” (hereinafter referred to as “decision on the determination of the amount of litigation costs of this case”).
(2) On March 25, 2019, the Plaintiff deposited KRW 2,009,346 as to Defendant B and KRW 1,60,921 as to Defendant C in accordance with the determination of the amount of litigation costs in the instant case by making the Defendants deposited as the principal deposit on March 25, 2019, the Plaintiff deposited KRW 3,610,267 as to Defendant C on the ground of the Defendants’ refusal to receive payment.
B. A judgment and the Plaintiff’s deposit, etc. 1) Defendant B filed a lawsuit against the Plaintiff on May 4, 2018 with Suwon District Court 2018Da317140, and on June 13, 2019, Defendant B paid the Plaintiff the amount calculated at the rate of 5% per annum from May 29, 2018 to June 13, 2019, and 15% per annum from the next day to the date of full payment (hereinafter “instant judgment”).
(2) On June 28, 2019, the Plaintiff deposited KRW 4,763,300, the sum of principal and interest pursuant to the instant judgment, as prescribed by the Suwon District Court Decision No. 7099, which was KRW 4,763,300, on the ground of the Defendant’s refusal to receive payment, with Defendant B as the principal deposit on June 28, 2019.
C. On June 25, 2020, the Defendants, including the compulsory execution of the Defendants, were granted the succession execution clause following the decision to determine the amount of litigation costs of the instant case. Defendant B around that time was the Suwon District Court 2020Kab10228.