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(영문) 대구지방법원경산시법원 2020.05.15 2018가단302
청구이의
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1. The Defendant’s compulsory execution against the Plaintiff by this Court Decision 2016Gais869 is denied.

2. This Court.

Reasons

1. Facts of recognition;

A. The Defendant filed a lawsuit against the Plaintiff regarding this Court’s claim for loans (No. 2016 Ghana869) with the judgment that “the Plaintiff shall pay to the Defendant the amount of KRW 20,000,000 and the amount calculated by the rate of 15% per annum from February 12, 2016 to the date of full payment” (hereinafter “the first judgment”), and this judgment was finalized on October 5, 2016.

B. Based on the first judgment on January 5, 2018, the Defendant collected KRW 870,867 from the Plaintiff.

C. Nonparty C filed a lawsuit against the Defendant in respect of the claim for loans, which was filed by the Chuncheon District Court 2017Gaso2158, and the Defendant rendered a judgment to Nonparty C that “it shall pay 20,000,000 won and 15% interest per annum from June 14, 2017 to the date of full payment” (hereinafter the second judgment). The dismissal of the appeal on November 6, 2018, and the dismissal of the appeal was finalized by the Supreme Court Decision 2018Da47045 Decided April 11, 2019.

On February 9, 2018, Nonparty C collected KRW 21,934,040 from the Plaintiff on the claims based on the first judgment against the Defendant based on the second judgment.

E. The Plaintiff filed a lawsuit against the Defendant regarding the claim for loans with the Chuncheon District Court 2017Kadan4709, and the Defendant rendered a judgment that “the Defendant shall pay to the Plaintiff the amount of KRW 35,800,000 and the interest calculated at the rate of 15% per annum from September 19, 2017 to the date of full payment” (hereinafter “third judgment”). This judgment became final and conclusive on August 11, 2018.

2. Determination:

A. According to the above facts of recognition, the Defendant’s claim based on the first judgment against the Plaintiff remains 3,178,654 won (25,983,561 won-870,867 won-21,934,040 won) as of February 9, 2018 due to the collection by the Defendant and Nonparty C.

B. If a set-off of KRW 3,178,654 against the Plaintiff by the Defendant based on the third judgment against the Defendant is made against the Defendant, it is apparent that the Defendant’s remaining claims based on the first judgment have been extinguished. Therefore, compulsory execution based on the first judgment against the Plaintiff is not permissible.

3. Conclusion.

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