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(영문) 청주지방법원 제천지원 2018.12.05 2018가단21858

청구이의

Text

1. On May 25, 2018, Cheongju District Court Decision 2018Gau30757, against the Defendant’s Plaintiffs.

Reasons

1. Basic facts

A. around 2010, the Defendant applied for a payment order seeking a loan against D.

On March 9, 2010, the court issued a payment order stating that "D shall pay 10,500,000 won to the defendant and 20% interest per annum from the day following the service of the above payment order to the day of full payment."

(Seoul Central District Court 2010 tea15090). The above payment order was finalized on March 30, 2010.

B. The Defendant on December 14, 2017

1.(a)

With regard to the claim for the refund of the lease deposit (hereinafter “instant apartment”) against the Plaintiffs as the preserved bond, D was issued a seizure and collection order with regard to the claim for the refund of the lease deposit against, and against, the claim for the lease deposit against, the Plaintiffs as stated in the subsection (25,297,04,045 won in total)

(C) Changwon District Court 2017 Taz. 10729).

The defendant around 2018 against the plaintiffs

1.(b)

A lawsuit was filed to seek a collection amount stated in the claim.

On May 25, 2018, the court rendered a decision of performance recommendation stating that "the plaintiffs shall jointly and severally pay to the defendant 21,297,045 won and interest thereon at the rate of 15% per annum from the day following the delivery of a copy of the above complaint to the day of full payment."

(Cheongju District Court Decision 2018 Ghana30757). The decision of performance recommendation was made on June 19, 2018.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, Eul evidence No. 1 (including each number), and the purport of the whole pleadings

2. Article 5-7(1) of the Trial of Small Claims Act provides that when the defendant does not raise an objection within a fixed period of time, a decision of rejection of an objection becomes final and conclusive, or an objection is withdrawn, the decision of performance recommendation shall have the same effect as a final and conclusive judgment.

However, Article 44 of the Civil Execution Act, which limits the grounds for objection to a final judgment to be arising after the pleadings have been concluded (in the case of a judgment without holding any pleadings, after the judgment is pronounced).