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(영문) 서울중앙지방법원 2019.07.04 2018가단5141193
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff on the payment order under Seoul Central District Court 2012 tea 161824 was conducted on the basis of the payment order.

Reasons

1. Basic facts

A. On September 20, 2012, the Defendant applied for a payment order against the Plaintiff, and issued a payment order stating that “the Plaintiff shall pay to the Defendant the amount of KRW 27,667,760 (total principal and damages for delay) and KRW 9,827,223 per annum from February 28, 2009 to the date of full payment, 25% per annum,” which became final and conclusive around that time.

(Seoul Central District Court 2012j. 161824, hereinafter referred to as the "instant payment order"). (b)

On December 26, 2017, the Plaintiff: (a) on the part of the Defendant, with respect to the claim for indemnity, a statement on the reduction of the obligation to the Defendant, stating that “The obligation shall be terminated on the condition that KRW 10,400,000 out of the total amount of the debt ( KRW 37,621,277) shall be repaid until December 27, 2017.”

In the end of the document, it was clearly stated that “If an obligor subject to debt reduction and exemption as of the date of approval is found to possess separate property, I will cancel the approval and not raise any objection even after exercising the right to indemnity against the total amount of the claim.”

In addition, the plaintiff stated that there is no property in the specification of the property attached to the above request.

C. By December 27, 2017, the Defendant instructed the Plaintiff to deposit KRW 10,608,520, total amount of principal and interest in relation to the above-mentioned prize money, and the Plaintiff deposited the said money to the Defendant on the said day.

After that, the Defendant knew that the Plaintiff owned 622 square meters prior to C in Seopopopo City, and applied for a compulsory auction of the said land on January 2, 2018, based on the instant payment order.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6 (including additional numbers), Eul evidence 1 to 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff entered into an agreement with the Defendant on the reduction and exemption of liability with respect to the claim for reimbursement based on the instant payment order, and accordingly, entered into the Defendant on December 27, 2017.

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