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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2017.08.24 2016가합2004
청구이의의 소
Text

1. The defendant's judgment against the plaintiff is based on the original judgment of Seoul Northern District Court 97Gahap1208.

Reasons

1. Basic facts

A. On February 5, 1998, the defendant filed a lawsuit against the plaintiff as Seoul Northern District Court 97Gahap1208, and rendered a judgment that "the plaintiff shall pay to the defendant 4 million won and 25% interest per annum from October 3, 1997 to the day of complete payment." The above judgment was finalized on March 31, 1998.

(hereinafter “instant judgment”). (b)

On March 27, 2015 and October 13, 2015, the Defendant, with the title of execution, received dividends of KRW 392,114 on June 25, 2015, based on the above collection order, after applying for each seizure and collection order against the Plaintiff’s garnishee’s claim against the Plaintiff’s third debtor (Seoul District Court Decision 2015 Other 4093, 2015 Other 12018).

(The grounds for recognition). [Ground for recognition] The fact that there is no dispute, Gap evidence 1 through 3 (including each number), the purport of the whole pleadings.

2. According to the facts established prior to the determination as to the cause of the claim, the defendant applied for a seizure and collection order against the third obligor after the lapse of ten years from October 3, 1997 when the judgment of this case became final and conclusive, and the claim based on the judgment of this case was already completed prior to the application for the above seizure and collection order.

Compulsory execution based on the judgment of this case shall not be permitted.

3. citing the Plaintiff’s claim.

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