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The defendant's executory judgment against the plaintiff 2016 Ghana379 is based on the executory judgment of this court.
Reasons
1. The Plaintiff’s assertion: (a) the Defendant: (b) the Plaintiff’s claim against the Plaintiff on June 20, 2017; (c) the claim based on the final and conclusive judgment of the Seoul Western District Court (hereinafter “instant judgment”); (d) the amount calculated by the rate of KRW 17,00,000 per annum 15% per annum from September 3, 2016 to the date of full payment; and (e) the interest rate of KRW 30,000,000 (hereinafter “interest rate of the instant judgment”); and (b) the Defendant’s claim against the Plaintiff on October 26, 2017, determined and lent to the Plaintiff on August 12, 2018, deducted KRW 8,000,000 from the interest rate of the instant judgment amount of KRW 9,200,000,000 (hereinafter “loan claim”).
As a result of the Plaintiff’s repayment to the Defendant over 15 times as shown in the attached Table 1 of the statement of appropriation of performance, the principal and interest of the instant judgment claim was fully satisfied. Of the instant loan claims, KRW 3,053,056 of the principal and interest were remaining as of October 23, 2019.
Therefore, compulsory execution based on the judgment of this case, which is premised on the existence of a claim for judgment of this case, shall be dismissed.
2. Determination:
A. Comprehensively taking account of the purport of the entire pleadings in the statement in the statement in Gap 1 through 4, Gap 1 through 8, 9, and Eul 1 (including branch numbers), the defendant was sentenced to a judgment ordering the plaintiff to pay the plaintiff the interest amount of KRW 17,00,000 (17,000,000) and the damages for delay calculated at the rate of 15% per annum from September 3, 2016 to the date of full payment. The defendant lent 10,000,000 to the plaintiff on October 26, 2017 as interest rate of KRW 3,00,000, and KRW 10,000 to August 12, 2018, the part remaining after deducting the interest amount of KRW 14,000,000, KRW 14,000 as stated in the attached Table 2, and KRW 10,000,000,000,000.