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(영문) 인천지방법원강화군법원 2020.02.19 2019가단20
청구이의
Text

1. The Defendant’s order based on the payment order from October 30, 2019, the Incheon District Court of the Incheon District Court of the Republic of Korea (hereinafter “Seoul District Court”) against the Plaintiff.

Reasons

The Defendant filed a separate payment order (Seoul Southern District Court Decision 201Da15592) against the Plaintiff on the ground that the Defendant’s claim for the return of unjust enrichment of KRW 1,000,000 for the provisional contract amount paid by the Plaintiff on August 4, 2019 (the Plaintiff’s lease of real estate owned by the Plaintiff to the Defendant, and the provisional contract amount of KRW 1,000,000 for the Defendant was received on August 4, 2019).

The facts established on November 14, 2019, and the plaintiff deposited the full amount of the debt (one thousand won for delay delay of 11,830 won) due to the payment order on December 6, 2019 on the date following the service of the payment order of KRW 11,830, the day following the date of the deposit from November 1, 2019 to December 6, 2019, which is 58,50 won for demand procedure expenses calculated by the rate of 12% per annum from November 1, 2019 to December 6, 2019) may be recognized in light of the parties’ dispute or the purport of the entire arguments and arguments set forth in subparagraphs A and 2.

Therefore, the obligation based on the payment order under Paragraph (1) of the above Article shall be deemed to have been extinguished by the above payment deposit, and the plaintiff's claim seeking the exclusion of enforcement force of the above payment order shall be decided as per the Disposition.

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