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(영문) 수원지방법원용인시법원 2020.12.04 2020가단20198
청구이의
Text

The defendant's judgment against the plaintiff was rendered in Suwon District Court 2019Gapo2003678.

Reasons

In fact, the defendant filed a lawsuit against the plaintiff and D on March 7, 2019 against the plaintiff and D as the Suwon District Court 2019 Ghana 2003678.

On July 11, 2019, the above court rendered a judgment with the purport that "The plaintiff and D shall pay 15% interest per annum from April 4, 2019 to May 31, 2019, and 12% interest per annum from the next day to the day of full payment, and each of the following days shall be paid with the interest calculated at the rate of 15% per annum from the next day to May 31, 2019, and the plaintiff and D shall remove the building listed in attached Tables 1 to deliver to the defendant the land listed in attached Tables 2 to the date of delivery or from February 23, 2021 to the day of first arrival of the land listed in attached Tables 2 to the defendant" (hereinafter referred to as "instant judgment").

Of the instant judgments, the part against the Plaintiff was finalized on August 17, 2019.

The Defendant, based on the instant judgment, disbursed KRW 815,030,030 to the execution cost in the real estate auction procedure for the F building G subparagraph H of the F building G in Geumcheon-gu, Seoul Special Metropolitan City based on the judgment of this case.

On March 25, 2020, the Plaintiff deposited KRW 14,556,022 with the Defendant as the principal deposit and deposited KRW 3628 in Suwon District Court Decision 2020,3628. The said money constitutes an amount of unjust enrichment up to March 25, 2020 out of the judgment amount.

The defendant reserved the objection and received the above deposit money.

[Grounds for recognition] The above deposit money is appropriated for partial repayment of the judgment amount of this case, since the defendant received the deposit without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, and the judgment of the purport of the whole pleadings.

The above deposit shall be appropriated in the order of statutory appropriation of performance in accordance with the execution cost, delay damages, and original order. If the principal is appropriated in the order of statutory appropriation of performance in advance for the repayment of an obligation the due date of which comes into existence and the interest of repayment is greater, the principal damages for delay of KRW 815,030 out of the liability with unjust enrichment up to March 25, 2020 occur

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