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1. It is based on the Defendant’s original Chuncheon District Court Decision 2015 Ghana9281 Decided November 30, 2015 with respect to the Plaintiff.
Reasons
1. Basic facts
A. On November 30, 2015, the Defendant filed a lawsuit against the Plaintiff seeking payment of unpaid management expenses, and sentenced that “the Plaintiff (the Plaintiff of this case) shall pay to the Plaintiff (the Defendant of this case) the amount of KRW 640,210 per annum of 15% per annum from October 13, 2015 to the date of full payment,” and the said judgment (hereinafter “instant judgment”) became final and conclusive as it is.
B. On April 11, 2016, the Defendant filed an application for a compulsory auction with respect to C Apartment 102, 603, the Plaintiff’s ownership, with the title of execution, and rendered a decision to commence compulsory auction as D of this Court.
C. The Defendant spent a total of KRW 1,230,00 as stated in the attached list with the execution cost for the progress of the above auction procedure. Of KRW 690,00,000, the amount of KRW 461,50,000, and the amount of KRW 20,952, out of the amount of KRW 185,00,00, paid to the court of execution as of the date of the closing of argument in this case, the fact that the Defendant actually spent KRW 20,952, out of the amount of KRW 185,00,00, paid in advance by the Defendant
A total of KRW 482,452 was actually disbursed.
On June 2, 2016, the Plaintiff remitted KRW 640,210 to the Defendant’s bank account.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, substantial fact in this court, purport of whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that compulsory execution based on the judgment of this case shall not be permitted, since the plaintiff fully repaid the obligations under the judgment of this case.
In this regard, the defendant asserted that the plaintiff's claim is groundless, since all debts and enforcement costs based on the judgment of this case have not been repaid.
B. (1) Determination 1) If the obligor pays expenses and interest of one or more obligations, and the person performing the performance has performed the performance which is not wholly extinguished, such performance shall be appropriated in the order of the expenses, interest and principal (Article 479(1) of the Civil Act);