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(영문) 전주지방법원 2016.02.16 2015가단23736

청구이의

Text

1. Compulsory execution based on the original of the payment order with executory power of Jeonju District Court 2000 tea792 against the plaintiff by the defendant.

Reasons

1. Facts of recognition;

A. On February 28, 200, Nonparty C received a payment order stating that “the debtor shall pay to the creditor KRW 20,000,000 per annum 25% per annum from the day following the delivery of the payment order of this case to the day of full payment” (hereinafter “instant payment order”). Nonparty C received the payment order of this case that “the debtor shall pay to the creditor KRW 20,000,000 and the expenses for demand procedure 133,540 per annum from the day after the delivery of the payment order of this case to the day of full payment.” The instant payment order was finalized around that time because the Plaintiff did not raise any objection.

B. In around 202, the Defendant acquired a claim against the Defendant against Nonparty C based on the instant payment order from Nonparty C, and received an execution clause succeeded from the former District Court on August 19, 2005, and received a lease deposit return claim against the Defendant from the former District Court 2005TT2647, the former District Court Decision 2015TT476, Jun. 10, 2015, as the former District Court 2015TT476, and received a collection order, respectively, on July 24, 2015, with the content that the Defendant’s claim for the return of the lease deposit against the Korea Housing Corporation was seized and collected.

C. Meanwhile, on June 8, 2010, the Plaintiff was granted immunity on December 27, 2010 (hereinafter “instant immunity”). At the time, the Defendant’s payment order bond against the Plaintiff (hereinafter “instant claim”) was not included in the creditor list.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 5, 8, Eul's 1 and 2 (including additional numbers), the purport of the whole pleadings

2. Although the Plaintiff asserted that the instant claim was not included in the list of creditors on the decision on immunity of the instant case, the effect of decision on immunity as much as the Plaintiff did not intentionally omit, and thus, compulsory execution based on the original copy of the instant payment order should be carried out.