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(영문) 대전지방법원 2016.06.28 2016가단9824

청구이의

Text

1. The Daejeon District Court 2012 tea 10742 against the Defendant’s Plaintiff is an executory exemplification of the payment order.

Reasons

1. Facts of recognition;

A. On September 20, 2012, the Defendant applied for the payment order against the Plaintiff, Daejeon District Court 2012 tea 10472, and this Court issued the payment order (the instant payment order) to be paid in accordance with the Defendant’s purport of the application, and the instant payment order was served on the Plaintiff and became final and conclusive without objection.

B. On the basis of the instant payment order, the Defendant applied for a compulsory auction on the Plaintiff’s share in real estate, and received a ruling to commence the auction on February 10, 2015 from the Seosan Branch of Daejeon District Court.

C. On January 29, 2016, the Plaintiff agreed to pay the Defendant KRW 6,500,000 between the Defendant and the Defendant, and to terminate the claims and obligations based on the instant payment order.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 3, the purport of the whole pleadings

2. On January 29, 2016, it is more appropriate to determine that the Defendant’s obligation against the Defendant under the instant payment order was extinguished after repayment or exemption.

Therefore, the compulsory execution based on the payment order of this case is dismissed, and the decision of suspension of compulsory execution is approved.

3. The plaintiff's claim for the conclusion is justified and acceptable.