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(영문) 서울동부지방법원 2016.07.22 2016가단16215
청구이의
Text

1. The Defendant’s payment order against the Plaintiff was issued on November 26, 2012 by Seoul Eastern District Court 2012 tea 63486.

Reasons

In full view of the purport of the statements and arguments in Gap 1-1, 1-2, 3-1 through 3-3, the defendant asserted against the plaintiff that "the defendant received the final transfer of the principal and interest of the loan to the plaintiff of the National Bank of Korea on June 15, 2011 (the principal amount of KRW 9,989,383 among them)" and on November 26, 2012, "the plaintiff was granted 27,660,398 won to the defendant and KRW 9,989,383 won among them and KRW 20% annual payment order from December 1, 2012 to the date of complete payment (hereinafter "the above Seoul High Court Decision 2015,215, 2015, 2015, 2015, 206, 2015."

According to the above facts, the payment order of this case was exempted pursuant to Article 566 of the Debtor Rehabilitation and Bankruptcy Act, unless there are special circumstances. Thus, compulsory execution based on the payment order of this case is no longer permissible.

If so, the plaintiff's claim is justified.

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