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(영문) 인천지방법원 2017.08.16 2016가단251641
청구이의
Text

1. The Defendant’s payment order with the executory power in the loan case No. 2015 tea5358 against the Plaintiff is issued.

Reasons

1. Basic facts

A. During the period from May 26, 2013 to December 16, 2013, Nonparty C, the Plaintiff’s partner, borrowed 25 million won in total over three times to the Defendant, and did not repay 25 million won, due to the fact that Nonparty C, the Plaintiff’s partner, was notified of a fine of 5 million won in fraud under a summary order issued by the Incheon District Court 2015 high-class8500, which was a summary order.

B. On December 26, 2013, the Defendant was issued one copy of the household waiver note (hereinafter “each of the instant notes”) stating that “I, every day, promise to transfer and abandon the said workplace to C if I are unable to perform KRW 00,000 to B,” and that I will not raise any objection to any circumstances.”

C. On June 12, 2015, the Defendant issued the instant payment order to the effect that: (a) from August 16, 2013 to the delivery date of the original copy of the instant payment order, the Defendant paid 5% per annum to the Plaintiff, 20% per annum from August 16, 2013 to the delivery date of the original copy of the instant payment order; and (b) the amount calculated by the rate of 20% per annum from the next day to the date of complete payment; and (c) “the instant payment order.”

(3) The Defendant received the instant payment order from the Plaintiff on September 24, 2015 and served on the Plaintiff on September 24, 2015, and confirmed on October 9, 2015. Meanwhile, the Defendant did not directly verify the authenticity of each of the instant written orders to the Plaintiff at the time when the instant written orders were delivered from C. 【No dispute over the grounds for recognition. 【No dispute over the grounds for recognition, the entries in subparagraphs A and 5, and the purport

2. The plaintiff asserts that each of the instant orders, which was the evidence of the instant payment order, was forged by C, and that the content thereof is also an anti-social or unfair legal act pursuant to Articles 103 and 104 of the Civil Act. Thus, the compulsory execution based on the instant payment order should be dismissed.

The defendant against this, a copy of the resident registration certificate in the name of the plaintiff, and a copy of the resident registration certificate.

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