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(영문) 수원지방법원여주지원 2020.05.20 2019가단6722
청구이의
Text

1. The Defendant’s Suwon District Court Branch Branch Decision 2016Gadan1399, 3166, 2017Gadan53151 decided October 17, 2018.

Reasons

1. Facts of recognition;

A. From the lawsuit of rent cases filed by the Defendant against the Plaintiff on October 17, 2018, 2016-Ga 1399, 3166, 2017-Ga 53151, and 53168 (each combination), “the Plaintiff was sentenced to the payment of 100,713,528 won to the Defendant and 47,880,000 won among them from February 2, 2016 to March 16, 2016; 33,840,00 won from March 16, 2016 to 10,10,528 won from May 3, 2016 to October 17, 2016 to 15% of the annual interest rate from July 12, 2016 to 15.”

B. Accordingly, the Plaintiff filed an appeal in accordance with the Suwon District Court Decision 2018Na86368, 2018Na86375 (Merger), 2018Na86382 (Merger), 2018Na8639 (Merger), 2019Na4622 (Merger), and 2019Na4622 (Merger). As a result, the first instance judgment of August 22, 2019 was rendered to the Defendant with respect to KRW 86,621,193 and KRW 31,472,657 among them, with respect to KRW 33,840,000 from the date of February 2, 2016 to the date of full payment, and with respect to KRW 10,100,528,000, the lower court sentenced to 00 per annum from March 16, 2016 to the date of full payment, 2015.

C. On the other hand, on November 12, 2018, the Defendant received a collection order of KRW 23,232,530 out of the above judgment bond issued from Suwon-gun, Gangwon-do, under the Enforcement Decree of the Branch of Suwon District Court 2018, where the Plaintiff as the debtor and the third debtor are the debtor, and accordingly, completed the collection order of KRW 23,232,530, among the above judgment bond issued by the defendant.

On September 9, 2019, the Plaintiff deposited KRW 84,517,791 (i.e., the principal amount of KRW 75,324,121 and interest KRW 9,193,670) with Suwon District Court Branch Decision No. 1067 in 2019, on the ground that the seizure of the above judgment claim is concurrent.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual numbers) and the purport of the whole pleadings.

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