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(영문) 서울남부지방법원 2020.07.16 2020가단3912
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff by Seoul Southern District Court Decision 2014Kadan23083 Decided January 19, 2017 is enforced.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff for the claim for the full amount of the deposit and was sentenced to a judgment of the provisional execution ordering the Plaintiff to pay “50 million won per annum from May 24, 2014 to January 19, 2017, and 15% per annum from the next day to the day of full payment,” as stated in paragraph (1) of this Article.

B. On June 28, 2017, the appellate court filed an application for the suspension of compulsory execution in the above judgment, and the appellate court ordered the Plaintiff to temporarily suspend compulsory execution by requiring the Plaintiff to provide security and having the Plaintiff suspend compulsory execution.

Accordingly, on February 18, 2019, the Plaintiff deposited KRW 50,000,00 as the Seoul Southern District Court No. 603 in 2019.

C. On October 4, 2019, the Plaintiff’s appeal was dismissed by this Court Decision 2017Na51691, and the Plaintiff’s appeal was dismissed, but the appeal was dismissed by Supreme Court Decision 2019Da282562 Decided December 27, 2019, which became final and conclusive around that time.

On February 19, 2020, the defendant applied for the cancellation of the above security by subrogation of the plaintiff, and received a decision to revoke the security by 2020 Kali47 from this court, and recovered the above deposit on February 25, 2020.

E. Since then, the Plaintiff deposited KRW 32,630,185 on March 10, 202 for the repayment of the above judgment amount.

F. On May 28, 2020, the Defendant filed an application against the Plaintiff for the determination of the amount of litigation costs and confirmed that the amount of litigation costs that the Plaintiff is to pay to the Defendant is KRW 7,417,543,00,000 among the Plaintiff and the Defendant at this Court No. 2014-Ga23083, 2017Na51691, and Supreme Court Decision 2019Da282562, supra, is KRW 7,417,543.

“A decision was made, and the decision became final and conclusive at that time.

G. Meanwhile, the defendant applied for a compulsory auction on the real estate owned by the plaintiff according to the above judgment, which requires 2,550,768 won at its expense.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of whole pleadings

2. The plaintiff's assertion is a whole of the judgment amount.

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