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1. The defendant is based on the executory judgment of Busan District Court 2016Gaso121444 case.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-4.
The defendant filed a lawsuit against the plaintiff with Busan District Court No. 2016Gada121444, and received a judgment from the above court on February 7, 2017 that "1. The plaintiff shall pay to the defendant 500,000 won with interest of 15% per annum from January 14, 2017 to the day of full payment" (hereinafter referred to as "related judgment") that "the lawsuit cost may be provisionally executed."
B. Based on the relevant judgment, the Defendant filed an application with the Plaintiff for a seizure and collection order against the Plaintiff’s deposit, etc. against the Busan District Court (1) as Busan District Court 2017TTTT 4579, and received the same decision from the above court on March 14, 2017, and (2) filed an application for compulsory auction against the Plaintiff’s deposit, etc. against the Plaintiff to the same court C, and received a compulsory auction order from the above court on May 22, 2017.
C. On June 30, 2017, the Plaintiff issued an order to pay 500,000 won with the Defendant as the principal deposit in Busan District Court Seobu District Court Decision 915, 2017, and 34,520 won per annum from January 14, 2017 to June 30, 2017 (i.e., KRW 50,000 x 15/100 x 168/365 x 165 ), and deposit for repayment of KRW 534,520,00 per annum.
D. D.
On July 13, 2017, the Plaintiff deposited KRW 582,039 with the Defendant as the principal deposit account and deposited KRW 582,039 with the Defendant’s filing cost of compulsory execution based on the relevant judgment rendered by the Busan District Court Seo-won No. 9555 in 2017.
2. The assertion and judgment
A. The summary of the parties’ assertion (1) The Plaintiff’s obligation based on the judgment related to the Plaintiff has ceased to exist by the deposit of this case. Therefore, the Defendant’s enforcement based on the relevant judgment is a compulsory execution.