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(영문) 춘천지방법원속초지원 2016.07.12 2015가단3145
청구이의
Text

1. The defendant's order for payment was issued against the defendant's defendant's Seocho Branch of Chuncheon District Court on July 5, 1996 by 96j1050 decided July 5.

Reasons

1. Facts of recognition;

A. The defendant filed an application for payment order against C, D, E, and F, the husband of the plaintiff and the plaintiff, under 96 tea1050, from the Chuncheon District Court's territorial branch, and the above court issued the payment order with the purport that "the defendant jointly and severally filed an application for payment order of KRW 25 million from April 2, 1996 to the service date of the original copy of the payment order, 6% per annum from April 2, 1996 to the service date of the original copy of the payment order, and 25% per annum from the next day to the day of complete payment (hereinafter "the instant payment order"). The above payment order was finalized on July 5, 1996.

B. On November 10, 2015, the Defendant received a claim attachment and collection order against the Plaintiff under the same court No. 2015 other bond 1525 on the basis of the final and conclusive payment order.

I would like to make c(A) and 30 million won of the principal amount of the debt and receive the remainder million won of the cash.

The repayment of at least KRW 00,000 per month, and any legal measure during the repayment period shall be suspended.

(Provided, That in the event of suspension of repayment of not less than KRW 00,000 per month, legal action shall be taken immediately.

C. On the other hand, on May 22, 2013, C and the Defendant drafted each of the following descriptions (hereinafter “each of the instant notes”).

The Plaintiff and C paid the sum of KRW 3 million from June 21, 2013 to August 31, 2015, which was after the completion of each of the instant notes.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Summary of the parties' arguments;

A. According to the Plaintiff’s assertion of this case, an agreement was concluded between the Plaintiff and the Defendant to reduce the debt amounting to KRW 10 million.

As the plaintiff has already paid the above KRW 3 million out of the above KRW 10 million, compulsory execution based on the payment order of this case shall be dismissed only for the portion exceeding KRW 7 million.

B. The defendant's assertion 1) Since the plaintiff's name was arbitrarily stated after the preparation of the letter of this case on the part of the plaintiff, each of the titles of this case is invalid as against the plaintiff.

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