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1. Of the instant lawsuit, the part of the lawsuit demanding the cancellation of the decision on the seizure and collection order shall be dismissed.
2. The defendant.
Reasons
1. Basic facts
A. In the Seoul Central District Court Decision 2013Na21184 (Main Lawsuit) and the price for goods (Counterclaim) between the Plaintiff and the Defendant, the said court rendered a ruling on January 28, 2014 that “the Plaintiff shall pay to the Defendant the amount of KRW 956,750 and the amount calculated at the rate of 5% per annum from January 22, 2013 to January 28, 2014, and 20% per annum from the following day to the date of full payment,” and the said ruling became final and conclusive as of June 12, 2014.
(hereinafter referred to as the “instant judgment”). B.
The Defendant received the instant judgment against the Plaintiff as the executive title, and as the claimed amount of KRW 1,085,240 [the principal = interest of KRW 956,750, the interest of KRW 128,490 (interest until June 29, 2014)], the Defendant received the instant seizure and collection order.
C. On June 25, 2014, the Plaintiff made the Defendant as the principal deposit, and deposited KRW 1,085,240 as Seoul Western District Court No. 2258 for the said KRW 1,08,240, and KRW 61,233 as Seoul Western District Court No. 91 on January 8, 2015 (i.e., KRW 50,133,00,00,00 for the costs of execution according to the final decision on the amount of litigation cost amount 2014Ka-2318, the Seoul Western District Court’s 2015, respectively.
[Grounds for Recognition: Facts without dispute, entry of Gap 2-6 evidence, purport of the whole pleadings]
2. Determination:
A. The Plaintiff asserts that the seizure and collection order of this case based on the judgment of this case should be revoked, since all of the obligations under the judgment of this case were repaid.
However, pursuant to Article 227 (4) and Article 229 (6) of the Civil Execution Act, the decision to issue an order of seizure and collection can only be claimed for revocation by submitting a document of cancellation of execution to the executive agency before the executive agency is dissatisfied with or completes the enforcement act through an immediate appeal to the executive agency, and it cannot be brought for revocation by a lawsuit to the court, which is the litigation agency, separately.