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(영문) 수원지방법원 2015.02.05 2014가단42567
청구이의
Text

1. The Defendant’s Suwon District Court Decision 2012Gahap8782 decided July 18, 2013 and the Seoul High Court on April 2014.

Reasons

1. Facts of recognition;

A. In the lawsuit filed by the Defendant against the Plaintiff, Nonparty C, D, and E, the Suwon District Court rendered a judgment on July 18, 2013 that “the Plaintiff shall pay to the Defendant 70,016,000 won and interest rate of 5% per annum from September 1, 2011 to July 18, 2013, and interest rate of 20% per annum from the next day to the day of full payment (hereinafter “the first instance judgment”).” The lower court rendered a judgment on April 22, 2014 (Seoul High Court Decision 2013Na48915) to the Plaintiff and the lower court rendered a judgment on April 22, 2014 to the effect that “the Plaintiff, C, and D, each of whom was issued, shall be 63,014, 490 won and each of them shall be 40% per annum from the first instance judgment to the date of full payment, 2014.”

B. On June 17, 2014, the Plaintiff paid KRW 4,000,00 to the Defendant for the same year.

7. 4. Of the instant judgment, KRW 73,830,538 (i.e., the principal amount of KRW 63,014,490, which was paid at 5% interest rate from September 1, 2011 to April 22, 2014, KRW 8,329,97, and KRW 20% interest rate of KRW 20% per annum from April 23, 2014 to July 3, 2014) deducted KRW 69,830,538, plus KRW 3,00,00,000 for auction expenses of KRW 72,830,538,538, more than KRW 730,538,782,865,06, which was paid by the Defendant and deposited with the competent district court in KRW 20147,766.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 5, and 8 (including virtual numbers), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, since the plaintiff deposited all the amount ordered to pay and the execution cost in the judgment of the second instance of this case which became final and conclusive, the claim indicated in the executive title ceases to exist by deposit, and the defendant's judgment against the plaintiff.

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