청구이의의 소
1. On October 26, 2017, Seoul Central District Court Decision 2017 tea 447948 against the Defendant’s Plaintiff.
The Defendant filed an application with the Plaintiff for a payment order with the Seoul Central District Court No. 2017 tea47948, Oct. 26, 2017, the said court issued a payment order with the effect that “the Plaintiff shall pay to the Defendant 2,756,598 won and damages for delay calculated at the rate of 24.9% per annum 24.9% from October 26, 2017 to the date of full payment.” The said payment order becomes final and conclusive as of November 28, 2017; the Defendant applied for a compulsory auction on the Plaintiff’s real estate with the Seo-gu District Court Branch Branch Branch on the basis of the above payment order; the Plaintiff applied for a compulsory auction on the Plaintiff’s real estate as of March 22, 2019 between the parties concerned for repayment of KRW 4,521,648, which is the total principal and interest of the Defendant up to March 22, 2019.
According to the above facts, since the defendant's claim based on the above payment order has ceased to exist with the plaintiff's repayment, compulsory execution based on the above payment order should be rejected.
Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.