beta
(영문) 창원지방법원 2014.08.29 2014가단6407

청구이의

Text

1. The Defendant’s compulsory execution against the Plaintiff by the Changwon District Court Decision 2003Kadan3570 Decided May 28, 2003.

Reasons

1. Basic facts

A. On May 28, 2003, the Defendant filed a lawsuit against the Plaintiff for a loan claim against the Changwon District Court 2003Da3570, and the above court rendered a judgment to the effect that “the Defendant (the Plaintiff of this case) shall pay to the Plaintiff (the Plaintiff of this case) the amount of KRW 43 million and the amount calculated by the rate of KRW 5% per annum from February 27, 2003 to the date of complete payment,” and the above judgment was finalized on June 22, 2003.

(hereinafter “instant judgment”). (b)

On February 27, 2014, the Plaintiff drafted an agreement with the Defendant to the effect that “The Defendant receives KRW 4,00,000 from the Plaintiff, and agreed to waive all of the remainder of claims based on the loan claim No. 2003Da3570, Changwon District Court Decision 2003Da3570, and not claim compulsory execution” (hereinafter “instant agreement”). On the same day, the Plaintiff paid KRW 4,00,000 to the Defendant.

C. The Defendant, based on the original copy of the instant judgment, filed an application for the attachment and collection order with respect to KRW 3,550,000 among the wages and retirement allowances that the Plaintiff had against C as the Changwon District Court 2014TT1599, and received the attachment and collection order of the claim (hereinafter “instant claim attachment and collection order”) from the said court on February 13, 2014, which is “3,550,000 won” as the claimed amount on February 13, 2014. On February 27, 2014, the Defendant received a correction order (hereinafter “instant correction order”).

【Reason for Recognition】 Each entry of the evidence of subparagraphs 1 through 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. On February 27, 2014, the summary of the Plaintiff’s assertion 1 as to the Plaintiff’s assertion, the Defendant received only KRW 4,000,000 from the Plaintiff as to the claim for principal and interest under the instant judgment through the agreement with the Defendant, and decided to waive the remainder, and the Plaintiff is 4,000.