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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The following facts of recognition may be acknowledged by integrating each entry in Gap evidence Nos. 1 to 3 as a whole the purport of the entire pleadings:
The Defendant filed a lawsuit against the Plaintiff with Seoul Central District Court No. 2013 Ghana5316514, which sought unjust enrichment, but was rendered a judgment against the Plaintiff on November 14, 2013.
B. On November 18, 2014, the Defendant appealed to this Court No. 2013Na66217, and on which November 18, 2014, “The Plaintiff (the Plaintiff of this case) paid 8,315,826 won to the Plaintiff (the Defendant of this case) and 5% per annum from May 3, 2013 to November 18, 2014, and 20% per annum from the next day to the date of full payment” was sentenced to the revocation of the part of the first instance court. The Plaintiff appealed to this Court as Supreme Court Decision No. 14Da235646, Apr. 9, 2015, which became final and conclusive as it became final and conclusive as it is.
(hereinafter referred to as "the judgment of this case"). (c)
The Defendant filed an application for a compulsory auction (hereinafter “instant auction”) on the real estate owned by the Plaintiff with the judgment of this case as the title of execution with the Cheongju District Court Assistance C, and the said court decided to commence the auction procedure on December 22, 2014.
The Plaintiff intended to pay to the Defendant the Defendant a debt according to the instant judgment and the expenses incurred by the Defendant in the instant auction case, but the Defendant refused to receive them, and each of the Defendant was deposited as the principal deposit, KRW 10,696,147 as the Seoul Central District Court No. 8764 in April 24, 2015, KRW 358,909 as the Seoul Central District Court No. 17836 in August 19, 2015, KRW 281,520 as the Seoul Central District Court No. 24696 in November 9, 2015, respectively.
2. According to the above facts of recognition, at the time when the Plaintiff deposited for repayment of KRW 9,674,836, the amount of debt according to the instant judgment at the time of the Plaintiff’s deposit for payment of KRW 10,69,147 on April 24, 2015 is 643,622 (20% per annum from May 3, 2013 to November 18, 2014).