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Reasons
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(영문) 대전지방법원 2016.09.22 2015가단40323
청구이의
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1. The Defendant’s claim against the Plaintiff for reimbursement against Daejeon District Court 2013Gahap4573 and Daejeon High Court 2013Na5334.

Reasons

1. Facts of recognition;

A. 1) The Defendant filed a lawsuit against the Plaintiff for a claim for reimbursement with the Daejeon District Court 2013Gahap4573, the Daejeon District Court 2013. On October 2, 2013, the said court rendered a judgment that “The Defendant (A) shall pay to the Plaintiff (B) 141,329,550 won, and 5% per annum from August 23, 2007 to October 23, 2013, and 20% per annum from the next day to the date of full payment” (hereinafter “the first judgment”).

(2) As the Plaintiff and both Defendant filed an appeal against the judgment of the first instance, the appellate court was proceeding as the Daejeon High Court 2013Na5334, and the said appellate court modified the judgment of the first instance on November 20, 2014, and sentenced the Plaintiff (B) to the judgment that “the Defendant (A) shall pay 178,082,354 won per annum from September 11, 2013 to November 20, 2014, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

3) On March 26, 2015, the Plaintiff appealed to the Supreme Court Decision 2014Da86172, but the appeal was dismissed on March 26, 2015, and the said judgment became final and conclusive. (B) The Defendant’s security deposit 1) the Plaintiff filed an application with the Daejeon High Court 2013Kaga101 to seek the suspension of compulsory execution until the appellate court rendered a judgment. The said court deposited KRW 200 million as security on December 9, 2013, and the said court made a decision citing compulsory execution on the condition that it can substitute in the form of a contract for the entrustment of payment guarantee with the guaranteed insurance company.

2) In accordance with the decision of the acceptance of the suspension of compulsory execution in order to avoid compulsory execution by provisional execution of the judgment of the court of first instance, the Plaintiff as the Defendant on December 12, 2013, with the Daejeon District Court No. 7243, No. 120 million won (hereinafter “instant deposit”).

C. The Defendant, upon the judgment of the first instance court, declared provisional execution.

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