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1. The Defendant’s compulsory execution against the Plaintiff based on this Court’s ruling on the claim amount case No. 2013Kadan24980.
Reasons
1. The following facts may be acknowledged in full view of the following facts in this Court: (a) the Plaintiff and the Defendant did not dispute with each other; (b) evidence Nos. 1 through 10; and (c) the purport of the entire pleadings.
In this case of the claim for reimbursement No. 2013da24980, which the Defendant filed against the Plaintiff, the same court rendered a final and conclusive judgment ordering the Defendant to pay the amount of KRW 40 million and the amount calculated at the rate of 20% per annum from March 27, 2013 to the date of full payment.
(B) The judgment of this case is from the following:
The judgment of this case as the executive title is KRW 610,450,00 in total for auction expenses incurred in relation to the case of application for compulsory auction of real estate C which the Defendant applied for (i.e., delivery fees of KRW 22,450 in registration and license tax of KRW 124,450 in registration and license tax of KRW 124,450 in registration and license tax of KRW 365,200 in registration and assessment fees of KRW 365,
C. On December 8, 2014, the Plaintiff deposited KRW 53,632,876 (No. 6417 of this Court), and KRW 801,450 of the deposit money on December 9, 2014 (No. 6466 of this Court), respectively, with the Defendant as the principal deposit.
On December 16, 2014, this Court rendered a decision to suspend compulsory execution based on the instant judgment under 2014Kagro2937 at the Plaintiff’s request until the instant judgment is pronounced.
2. According to the reasoning of the lower judgment as to the cause of the claim, KRW 53,632,876 deposited on December 8, 2014: (a) KRW 610,450 in total and interest KRW 13,632,876 in the order of statutory appropriation for performance (i.e., KRW 40 million x 20% x 622/365 in x 622 days x 655 days; hereinafter the same shall apply) are appropriated in order of the payment for performance; and (b) the remainder remaining after being appropriated in order of the payment for performance under the order of statutory appropriation for performance (i.e., deposit KRW 53,632,876 - Interest KRW 610,450 - Interest KRW 13,632,876 - Principal KRW 40 million - KRW 39,389,59,500).