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(영문) 대구지방법원김천지원구미시법원 2016.08.11 2016가단11
청구이의
Text

1. The defendant's decision on November 19, 2015, the Daegu District Court, Kimcheon-si, Seoul District Court, 2015, the defendant's decision on November 19, 2015.

Reasons

1. According to the records of recognition, the following facts are recognized:

On November 19, 2015, this Court rendered a ruling that “the Plaintiff and C shall jointly and severally pay to the Defendant 2,800,000 won and the interest calculated at the rate of 6% per annum from February 1, 2015 to March 16, 2015, and 20% per annum from the next day to the date of full payment” (hereinafter “instant ruling”), and the said ruling became final and conclusive around that time.

After that, according to the instant judgment, the Defendant filed an application for the seizure of corporeal movables with the Daegu District Court Kimcheon-gu 2015No1019, and filed an application for the seizure of corporeal movables with the same court No. 2015Kao1280.

Accordingly, the Plaintiff paid KRW 3,303,435 to the Defendant on January 25, 2016.

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff paid KRW 3,303,435 to the defendant, thereby extinguishing all obligations based on the judgment of this case due to repayment. Therefore, compulsory execution based on the judgment of this case shall be dismissed.

B. Defendant’s assertion 1) After the instant judgment became final and conclusive, the Plaintiff failed to repay the obligation to the Defendant under the instant judgment, and the following expenses were incurred. ① 301,50 won in total, including the grant of execution clause, delivery, and issuance of a confirmation certificate, and ② 302,50 won in total of the application fee for re-delivery of execution clause, delivery, and issuance of a confirmation certificate, and the application fee for preparing and submitting a written amendment; ③ 330,200 won in total, and KRW 300,00 in the custody of the enforcement officer related to the application for the seizure of corporeal movables, and KRW 300,00 in the application fee for the seizure of corporeal movables, and KRW 30,000 in the document for preparing and submitting the application fee for the seizure of corporeal movables (= KRW 200,000 in the key repair agent, KRW 60,00 in the presence of 20,00 in the Daegu District Court Decision 205Da1280,500.

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