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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. This Court shall suspend enforcement of 2014Kag2889.
Reasons
1. Facts of recognition;
A. The Defendant (Appointed Party; hereinafter “Defendant”) B and the Appointor C (hereinafter “Defendant”) filed a lawsuit against the Plaintiff for a loan claim against the Plaintiff as Seoul Southern District Court Decision 2009Gadan93866, and the said court rendered a judgment on September 7, 2010 that “the Defendant (the Plaintiff of this case) shall pay the Plaintiff (the Deceased of this case) the amount of KRW 85 million and the amount of money calculated at the rate of 20% per annum from December 30, 2009 to the date of full payment.”
The Plaintiff dissatisfied with the above judgment and appealed as Seoul High Court 2010Na87155. On April 21, 2011, the above court rendered a judgment that “the Defendant shall pay to the Plaintiff 76,487,170 won and 24% interest per annum from June 16, 2006 to the date of full payment” (hereinafter “instant judgment”), and the above judgment became final and conclusive on May 2, 201.
B. Meanwhile, the Deceased died on April 18, 2014, and the Defendants, the inheritor, were granted the succeeding execution clause of the instant judgment on October 28, 2014.
[Ground of recognition] Facts without dispute, entry of Gap 2 and 3 evidence, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff paid KRW 40 million to the Deceased on April 30, 2011. On May 3, 2011, the Plaintiff withdrawn KRW 20 million from a corporate bank to the Deceased in cash (Evidence A 5-1) and exempted the Deceased from the remainder of his/her obligation after having repaid the Deceased the amount of KRW 20 million. The Plaintiff’s certificate to this effect was issued on May 2, 2011 by Seoul High Court Decision 2010Na87155 (No. 76,487,170) on May 2, 2011, stating that “The Plaintiff received the total amount of principal and interest on the original copy” as the receipt on May 2, 2011 (Evidence A; hereinafter “the receipt of this case”).
(2) Since the Plaintiff prepared and signed by the Deceased, compulsory execution based on the instant judgment shall be denied. (2) The Plaintiff is the Plaintiff.