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1. The Defendant’s decision on the loan case (No. 2008 Ghana158969, Jun. 2, 2009) against the Plaintiff was based on the Gwangju District Court Decision.
Reasons
1. Facts of recognition;
A. On June 2, 2009, the final and conclusive judgment against the plaintiff and the non-party C (the mother of the plaintiff, who is the principal debtor, hereinafter the non-party) filed a loan claim lawsuit against the plaintiff and the non-party C (the non-party). The court rendered a judgment on June 2, 2009 that "the defendant (the plaintiff and the non-party in this case) jointly and severally paid to the plaintiff (the defendant in this case) an amount of KRW 8,00,000 and interest calculated at the rate of 20% per annum from April 29, 2009 to the day of full payment (hereinafter "the judgment in this case"). The judgment in this case became final and conclusive on June 23, 2009.
B. For the commencement and suspension of compulsory execution between October 25, 2010, the Defendant paid KRW 3,460,000 out of the judgment principal of KRW 8,00,000 and damages for delay thereof, and the remaining KRW 4,540,00 and the above amount were not paid damages for delay after October 26, 2010, the instant judgment was rendered as the executive title of the instant court, and upon applying for compulsory auction on the real estate owned by the Plaintiff to D of this court, this court decided to suspend compulsory execution on January 24, 2019. The Plaintiff filed the instant lawsuit and filed an application for the suspension of compulsory execution on February 25, 2019.
C. From January 31, 201 to August 8, 2012, the Plaintiff repaid the Defendant KRW 5,940,000 in total over 16 times as shown in the attached Table. If the damages for delay ordered payment in the judgment of this case are appropriated first in preference to repayment and in order to appropriate the remainder in the method of appropriation for payment, the amount ordering payment in the judgment of this case would no longer remain.
[Ground of recognition] Evidence No. 1-4, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 3, Evidence No. 4-1 to 16, the purport of the whole pleadings
2. Existence of enforcement claim
A. According to the above facts of recognition, the defendant ordered payment in the judgment of this case.