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(영문) 광주지방법원목포지원 2015.02.05 2014가단10258
청구이의
Text

1. The Defendant’s payment order for the case No. 2013Da368 against the Plaintiff is issued.

Reasons

1. Facts of recognition;

A. On October 29, 2013, the Defendant filed an application with the Plaintiff for a payment order with the Gwangju District Court Decision 2013Guj368, Mapo-Gun, the Military Court of Mapo-Gun, which is the cause of the application in the separate sheet. On October 29, 2013, the said court rendered a payment order (hereinafter “instant enforcement title”) that “the Plaintiff would pay the Defendant the money as stated in the purport of the application in the separate sheet,” and the said payment order became final and conclusive on January 23, 2014.

B. After that, the Defendant filed an application for compulsory execution with respect to real estate owned by the Plaintiff, but the Plaintiff paid the Defendant KRW 28,320,000 on September 25, 2014, and KRW 7,000 on December 4, 2014, respectively, to fully repay the principal and interest and the execution cost on the instant executive title.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the above facts of recognition, since the principal and interest and expenses of execution are fully reimbursed on the title of execution of this case and the executory power of the title of this case has become extinct, compulsory execution based on the title of execution of this case shall be dismissed.

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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