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(영문) 서울남부지방법원 2019.06.12 2019가단214532
청구이의
Text

1. The Defendant’s final decision on the Seoul Southern District Court’s 2017Kao-189 case against the Plaintiff is the final decision.

Reasons

1. Facts of recognition;

A. On June 29, 2017, the Defendant filed an application with Seoul Southern District Court for the determination of the amount of litigation costs under the Seoul Southern District Court Decision 2017Kaba189, and rendered a decision on June 29, 2017 that “The amount of litigation costs to be paid by the Plaintiff to the Defendant in accordance with the judgment in the damages claim No. 2016Gapo429160, supra, is KRW

B. On December 20, 2018, the Defendant received a seizure and collection order (the claimed amount of KRW 306,020) against the Plaintiff’s deposit claim against C as the court 2018TT No. 114674 based on the original copy of the above executory decision, and around that time, the Defendant reached C, a garnishee.

C. Accordingly, on February 27, 2019, the Plaintiff deposited KRW 306,020 as 4876,020,000,000 in this Court, and the Defendant received it without objection, and on March 20, 2019, submitted a report on the application for cancellation of execution and waiver of the right of collection to the above court.

[Grounds for Recognition] Facts without dispute, entry of Gap 1 through 4, and Eul 1 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. The defendant's judgment on the defendant's main defense of safety was issued a seizure and collection order under this court 2018TTT 114674, but the plaintiff submitted a report on the cancellation of execution and the waiver of collection right to the court on March 20, 2019, and thus, the plaintiff alleged that the lawsuit in this case has no interest in seeking the exclusion of the executory power of the original decision. However, the plaintiff's lawsuit in this case seeks to seek the exclusion of the executory power of the original decision in this case. Thus, since the plaintiff's lawsuit in this case is based on the above original decision, it cannot be said that there is no interest in the lawsuit seeking the exclusion of the executory power of the original decision in this case.

3. According to the facts acknowledged prior to the determination on the merits, since the Plaintiff fully repaid the obligations that became final and conclusive in the above-mentioned case and all of the above obligations were extinguished, compulsory execution based on the above-mentioned original decision is enforced.

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