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(영문) 대구지방법원 2020.11.12 2019나322222

청구이의

Text

1. Revocation of a judgment of the first instance;

2. Loans extended by the Defendants to the Plaintiff at the Daegu District Court 2005 tea 1109.

Reasons

1. Basic facts

A. F applied for a payment order against the Plaintiff on March 14, 2005, the Daegu District Court 2005 tea 1109, and the above court issued a payment order stating that “The Plaintiff shall pay F KRW 37,168,213 and KRW 29,880,00,00 per annum from the day following the delivery of the original copy of the payment order to the day of complete payment (hereinafter “instant payment order”). The payment order of this case became final and conclusive on April 14, 2005, with the content that “The Plaintiff shall pay F KRW 37,168,213 and KRW 29,80,00 per annum from the day of delivery of the original copy of the payment order to the day of full payment.”

B. On April 6, 2006, F applied for a compulsory auction on nine parcels of real estate including land owned by the Plaintiff on April 6, 2006, including Daegu District Court and its racing support M, and withdrawn the above compulsory auction on July 4, 2006. On January 8, 2007, F again applied for a compulsory auction on the said immovable on the real estate to Daegu District Court and its racing support N, but withdrawn the request for auction on March 27, 2007.

C. On November 28, 201, K applied for a compulsory auction of corporeal movables to the Daegu District Court and its racing support H in respect of the movables (livestock) raised within the J of the Plaintiff on behalf of F on its behalf of the Republic of Korea on January 28, 201, but withdrawn a request for auction on January 2, 2012 after receiving KRW 10,000,000 from the Plaintiff, and issued a certificate of confirmation to confirm the receipt of the said money (Evidence A No. 3).

On January 11, 2012, K applied for a compulsory auction of corporeal movables in the movable property stated in the said paragraph (c) owned by the Plaintiff to Daegu District Court racing support I, but received KRW 18,00,000 from the Plaintiff on May 3, 2012, K withdrawn the said request for auction and applied for the original copy of the payment order. The following receipt (hereinafter “instant receipt”) was prepared, and issued to the Plaintiff:

He had already been withdrawn on January 2, 2012, and therefore the I case is written in writing.