beta
(영문) 전주지방법원 2015.11.18 2014나12532

청구이의

Text

1. The defendant's appeal is dismissed.

2. Until this judgment becomes final and conclusive, the Jeonju District Court 2005 tea 5667 Collections.

Reasons

1. Basic facts

A. As to C, the Plaintiff was liable for KRW 3,500,000 with the payment order issued by the Jeonju District Court 2002 tea 1331, and the damages for delay.

B. The Defendant filed a lawsuit against C for the claim for the purchase price as the Jeonju District Court 2000Kadan2881, and the above court rendered a judgment that “C shall pay to the Defendant the amount of KRW 20,913,000 and the amount of KRW 25% per annum from September 1, 200 to the date of full payment,” and the above judgment became final and conclusive around that time.

C. The defendant, based on the original copy of the above judgment with executory power of 2000Kadan2881, requested a seizure and collection order by designating the plaintiff as the third debtor, and the former District Court issued a seizure and collection order by February 14, 2003 (hereinafter “instant claim seizure and collection order”).

On February 18, 2003, the Defendant drawn up a receipt (No. 1-1, hereinafter “instant receipt”) with the following content to the Plaintiff.

The above amount of 4,053,685 won shall be the amount to be paid to C by the original copy of the payment order from Jeonju District Court 2002Da1331 (the particulars: bonds principal under the payment order with the original copy; 3,500,000 won; 50,000 won out of the above amount shall be 79,315 won, 50,000 won per annum from November 8, 1999 to January 10, 203; 30,000 won per annum from 20,000 won per annum from 30,000 won per annum from 30,000 won per annum from 30,000 won per annum from 11, 203 to 18,000 won per annum from 20,000 won per annum 13,30,000 won per annum from 1,201.