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(영문) 전주지방법원 군산지원 2018.11.08 2017가합12402
청구이의
Text

1. The defendant's Jeonju District Court Decision 2013Kahap944 and Gwangju High Court for the plaintiff.

Reasons

1. Indication of claim;

A. On January 7, 2016, the Defendant filed a lawsuit against the Plaintiff for the purchase of goods and total damages of KRW 352,414,823 with the Jeonju District Court Branch Branch Branch Office 2013Gahap944, the Defendant rendered a judgment in favor of the Defendant that “the Plaintiff shall pay to the Defendant 60,800,000 and interest calculated at the rate of 5% per annum from May 3, 2013 to January 7, 2016, and interest calculated at the rate of 15% per annum from the next day to the day of complete payment,” with respect to the judgment of the first instance, “The Plaintiff shall pay to the Defendant 60,800,000 and interest calculated at the rate of 15% per annum from the next day to the day of full payment.” On April 27, 2017, the Defendant revoked the judgment in favor of the Defendant from the next day to the date of the appellate court (Seoul High Court) 2016Na3715,281.

On August 31, 2017, the Supreme Court Decision 2017Da230789, which was the final appeal, dismissed the final appeal. Around that time, the judgment of the first instance and the judgment of the appellate court (hereinafter collectively referred to as “the final judgment of this case”) became final and conclusive.

B. The Defendant’s compulsory execution of corporeal movables, etc. (1) with the judgment of the appellate court as executive title, filed an application for compulsory execution with the Gwangju District Court Branch Branching 2017No500 on the corporeal movables, such as a house in the office located in the 194 Ddong office, Jeonnam-gun, Jeonnam-gun, the Plaintiff owned as the title of the judgment of the appellate court, and on the 12 points of corporeal movables, such as a house in the 194 Ddong office, and a machine in the A-dong fourth floor factory, A-dong 4, the Plaintiff was also entitled to KRW 3,514,00 (the proceeds of sale - KRW 1,507,620), and KRW 131,188,400 on August 24, 2017 (the proceeds of sale - KRW 13,608,300 - KRW 2,419,90).

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