beta
(영문) 대구지방법원안동지원 2020.04.01 2019가단1732

제3자이의

Text

1. Defendant C is based on the executory exemplification of the payment order No. 2018 (Seoul Western District Court) and the Seoul Western District Court Decision No. 20152).

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1, the defendant received the payment order: (i) the defendant applied for a payment order against Eul to pay the transfer money under the Seoul Western District Court Decision 2018Hu4152, Jul. 19, 2018, "C shall pay to the defendant the amount calculated at the rate of 27% per annum from March 31, 2018 to the day of complete payment; (ii) the above payment order becomes final and conclusive on August 7, 2018; and (iii) the defendant may recognize the fact that he/she purchased each of the items listed in the separate attachment list on June 25, 2019 with executory exemplification; and (iii) the plaintiff filed a report with C on July 19, 201 to the day of complete payment;

According to the above facts of recognition, since each item in the attachment list is unique property acquired by the plaintiff with his own money, the execution of the defendant's execution against it should be denied.

2. Conclusion, the Plaintiff’s claim of this case is accepted as reasonable.