(영문) 인천지방법원부천지원 2015.05.06 2014가단37776

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(영문) 인천지방법원부천지원 2015.05.06 2014가단37776

청구이의

Text

1. It is based on the Incheon District Court Branch Decision 2013Gahap9498 Decided March 7, 2014.

Reasons

1. From March 7, 2014, the lower court rendered a judgment that “the Plaintiff shall pay to the Defendant B 81,500,000 won jointly and severally with the Defendant D, E, and F, and 30,000,000 won per annum from December 31, 2013 to the day of full payment” (hereinafter “instant judgment”).

The instant judgment became final and conclusive on March 29, 2014.

[Ground of recognition] Facts without dispute, Gap 6 evidence, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion fully repaid the amount of money that the Defendants ordered payment in the judgment after the closing of argument in the instant judgment, compulsory execution based on the instant judgment shall be denied.

B. The Defendants asserted (1) Defendant B was paid the principal and interest based on the instant judgment, but Defendant C was paid only the principal and interest and was not paid.

(2) The expenses disbursed in the course of compulsory execution based on the judgment of this case have not been reimbursed.

(3) In the course of determining the amount of litigation costs pertaining to the instant judgment, the Plaintiff was unable to receive the payment of the amount that became final and conclusive as the litigation costs repaid to the Defendants by the Plaintiff.

(3,158,268) Therefore, compulsory execution based on the judgment of this case shall be allowed unless such money is repaid.

3. Determination

A. As indicated in the table below, Defendant C received money from the Plaintiff, etc. and appropriated it for the repayment of the principal of the instant judgment and accrued interest or delay damages until the date of repayment of principal. [Calculation method of interest] Principal x 20% x (number of days of interest x 365 days) x (number of days of interest / 365 days) x 30 million won, interest amount for the interest period on the balance of the principal of the payment of the payment of payment of less than KRW 30 million from December 31, 2013 to April 8, 2014 (1,627, 397 won on April 1, 2014, KRW 20 million from April 9, 2014 to April 9, 2014.

유사 판례

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