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(영문) 수원지방법원 용인시법원 2018.02.21 2017가단20204

청구이의

Text

1. The Defendant’s acquisition of money (No. 2012) No. 35915, Dec. 17, 2012 against the Plaintiff.

Reasons

1. Facts of recognition;

A. B filed a lawsuit against the Plaintiff under this Court No. 2012 Ghana35915, and the said lawsuit was initiated by service by public notice, and on December 17, 2012, the judgment that “the Plaintiff shall pay to B the amount calculated at the rate of 39% per annum from May 13, 2005 to the date of full payment” (hereinafter “instant judgment”), and the said judgment became final and conclusive on January 17, 2013.

B. After that, the Defendant acquired the instant claim against the Plaintiff from B, and received the inheritance execution clause granted on July 14, 2017 and received the attachment and collection order as to the Plaintiff’s claim against the National Bank Co., Ltd. on July 21, 2017.

C. On December 1, 2017, the Plaintiff agreed to adjust the amount of the instant judgment to the Defendant and the instant judgment amount, and transferred KRW 3,000,000 to the Defendant’s account on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 5, 6, the purport of the whole pleadings

2. According to the above facts of recognition, since the defendant's claim against the plaintiff in this case was extinguished by full repayment, compulsory execution with the above final judgment as executive title is not allowed.

Therefore, the plaintiff's claim of this case is justified and accepted.