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(영문) 부산지방법원 2017.07.06 2016가단64639
청구이의
Text

1. Compulsory execution based on the judgment in the loan case against the defendant in Busan District Court 201Gapo23291 against the plaintiff is 2,000.

Reasons

1. Basic facts

A. On February 21, 2012, the Defendant filed a lawsuit against the Plaintiff and C seeking the payment of the loan by Busan District Court Decision 201Da223291, and the Defendant was sentenced to the Defendant’s winning judgment, and became final and conclusive as is.

According to the above final judgment, the plaintiff and C shall jointly and severally pay to the defendant "2,01,639 won and 2,000,000 won among them, 36% per annum from May 24, 200 to March 21, 2001, 25% per annum from March 22, 2001 to April 20, 201, and 20% per annum from the next day to the date of full payment."

B. After that, the Plaintiff paid the Defendant the sum of KRW 1,00,000 (i.e., KRW 100,000 on May 22, 2016) (i.e., KRW 100,000 on September 22, 2016).

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings

2. The parties' assertion

A. On May 22, 2016, the Plaintiff asserted that he/she received a receipt to reduce the remaining debt amount to KRW 1,000,000 (Evidence A2 and Attached Table 1) from the Defendant, and thereafter 1-B.

As seen in this subsection, since the Defendant repaid the sum of KRW 1,00,000 to the Defendant, all obligations based on the above final judgment were extinguished.

B. The defendant's assertion that he did not reduce his debt.

The “principal” portion of the Plaintiff’s receipt (Evidence A2) is written without permission by the Plaintiff, and it is different from the content of the Defendant’s receipt (Evidence B and Attached Table 2) received from the Plaintiff at the time.

3. It is difficult to clearly understand the evidence submitted to this court alone without permission.

However, there are no separate disputes, or the following circumstances are revealed by the respective entries in Gap evidence 2, Eul evidence 3, and the purport of the entire pleadings, namely, the plaintiff, on May 22, 2016, prepared two copies of receipts, such as the attached Forms 1 and 2, while paying the defendant 10,000 won from the plaintiff on May 22, 2016, and submitted them to the plaintiff, and the attached Forms 1 and 2 (Evidence 2) shall be attached to the defendant.

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