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(영문) 광주지방법원 2019.04.16 2018가단29707
청구이의
Text

1. The Defendant’s executory power over the damages claim No. 2017 Ghana78720 against the Plaintiff.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff for damages due to injury on or around July 2017, against the Plaintiff, the Gwangju District Court 2017 Ghana78720, and was sentenced to a judgment in favor of the Defendant on November 20, 2018, and the said judgment became final and conclusive around that time.

(hereinafter “the final judgment of this case”). (b)

The cited amount of the final and conclusive judgment of this case is 3,826,874 won and 5% per annum from December 27, 2017 to November 20, 2018, and 15% per annum from the next day to the day of full payment.

C. On December 10, 2018, the Plaintiff deposited the total amount of KRW 4,03,924 from December 27, 2017 to December 10, 2018, the sum of KRW 3,826,874, and the total amount of delay damages from December 27, 2017, which are the cited amount of the final and conclusive judgment in this case, with the Gwangju District Court Decision 2018No717, Dec. 10, 2018, and KRW 4,030,798.

On January 2019, the defendant received the full amount of the deposit for repayment without any objection to the policeman.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, the whole purport of pleading

2. According to the above-mentioned facts, since the full amount of the Defendant’s obligation to the Plaintiff on the final and conclusive judgment of this case was repaid and extinguished, compulsory execution based on the original and conclusive judgment of this case shall not be allowed.

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

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