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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The grounds for this part of the judgment by the court are the same as those of the judgment of the court of first instance.
(main sentence of Article 420 of the Civil Procedure Act). 2. Determination on the cause of the claim
A. On September 1, 2017, the Plaintiff asserted that: (a) on September 1, 2017, the Plaintiff agreed to KRW 10,000,00 in the Plaintiff’s family form to C, an agent of the Defendant’s son; and (b) upon permission by C; and (c) on September 5, 2017, the Plaintiff deposited KRW 10,000 in the account known by C; (b) thus, the Plaintiff’s obligation to the Defendant based on the instant final judgment was entirely extinguished; and (c) thus, compulsory execution based on the said final judgment should be denied.
B. Determination 1) The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the agreement between the Plaintiff and the Defendant to reduce the Plaintiff’s obligation to the Defendant to KRW 10,000,000 according to the final judgment of this case was concluded on a conclusive basis, and there is no other evidence to acknowledge otherwise. 2) However, the fact that the Plaintiff paid KRW 10,000 to the Defendant on September 5, 2017 that the Plaintiff paid KRW 10,000 to the Defendant was recognized as above, and there was an agreement between the Plaintiff and the Defendant on the method of satisfaction of the obligation.
Since there is no evidence to prove that the plaintiff or the defendant has made a designated appropriation, the above repayment amount is appropriated in the order of expenses, interest, and principal pursuant to Articles 477 and 479 of the Civil Act with respect to obligations based on the final judgment of this case, the above repayment amount shall be 10,00,000 won for the principal amount of 14,00,000 won through 5% per annum from September 21, 2007 to May 3, 2016 [6,00 won = 14,00,000 won x (26,26,000 won) x 5% per annum (20,000 won x 8,000 won x 14,000 won, 00,000 won per annum 14,000,000,000 won per annum 14,000,000 won per annum 15,2015 x 14,0815,085 won per annum x 204,08