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(영문) 부산지방법원 2015.02.10 2014가단47135

청구이의

Text

1. The defendant's compulsory execution against the plaintiff in Busan District Court 2013 tea8612 is dismissed.

Reasons

In light of the facts without dispute and the overall purport of the arguments and statements in Gap evidence Nos. 1 through 4, the defendant filed an application with the Busan District Court for a payment order to refund lease deposit with the Busan District Court 2013 tea8612, and on May 21, 2013, the defendant received a payment order (hereinafter referred to as "the payment order in this case") from the purport that "the plaintiff shall pay to the defendant the amount of KRW 10 million and the amount calculated by the rate of 20% per annum per annum from the next day of the delivery of the payment order to the full payment day." The above payment order became final and conclusive on June 15, 2013, and the defendant was under the compulsory execution order with regard to the real estate owned by the plaintiff as the plaintiff under the original copy of the payment order in this case on December 26, 2013, and the plaintiff may recognize the fact that the above compulsory execution case was being conducted with regard to the real estate owned by the plaintiff as the plaintiff Eul under the above payment order in this case.

According to the above facts, since the plaintiff fully repaid the principal and interest under the above payment order and the execution cost, it shall not be allowed to enforce enforcement based on the above payment order.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.