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1. The defendant's judgment in Incheon District Court 2015Kadan230975 (principal lawsuit) and the defendant's damages against the plaintiff are 2015Kadan230982 (Counterclaim).
Reasons
1. Facts of recognition;
A. On February 24, 2017, the Plaintiff and the Defendant received part of the Defendant’s favorable judgment (hereinafter “instant first instance judgment”) that stated that “the Plaintiff shall have paid 29,524,950 won to the Defendant and the amount of 5% per annum from October 3, 2012 to July 30, 2015; 20% per annum from the next day to September 30, 2015; 20% per annum from the next day to the date of full payment; 20% per annum from the next day to the date of full payment; 20% per annum 15% per annum from the Defendant’s lawsuit for damages; and 2015da230982 (Counterclaim); however, the lower court rendered a final judgment on February 24, 2017 to the Defendant (hereinafter “instant first instance judgment”); however, the Plaintiff shall be liable for damages 2017Na54381, May 27, 2015 (Counterclaim 2014).207).
B. On August 31, 2017, the Plaintiff filed an application for the suspension of compulsory execution under the judgment of the first instance court as Incheon District Court 2017Kadan273, and received a decision on August 31, 2017 that “The compulsory execution based on the original copy of the judgment of the first instance court of this case shall be suspended until the said judgment of the appellate court is rendered, on the condition that the Plaintiff deposits KRW 45 million as security.”
Accordingly, on January 5, 2018, the Plaintiff deposited KRW 45,000,00 with the Incheon District Court No. 2013, Jan. 5, 2018.
C. The Defendant, based on the judgment of the first instance court of this case, owned by the Plaintiff against the Republic of Korea based on the judgment of the court of first instance of this case, with the amount claimed as KRW 45,689,876 by Suwon District Court KRW 2018,18,1829.
The claim for recovery of KRW 45,00,000 of the port deposit is subject to the decision of acceptance on April 4, 2018 by requesting for the seizure and collection order of the claim. The defendant applied for the cancellation of security by the Incheon District Court 2018Kali394 on behalf of the plaintiff, and the plaintiff on April 30, 2018 from the above court.