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(영문) 창원지방법원 진주지원 2018.07.17 2018가단32759
청구이의
Text

1. The Defendant’s payment order for the loan case No. 2018 tea 72 against the Plaintiff was due.

Reasons

1. Indication of claim;

A. The Plaintiff received KRW 17 million from C, among those in internal relations with C, as the Defendant’s wife.

B. The Defendant asserted that the above money was loaned to the Defendant by the Defendant after hedging with C, and the application for payment order was filed with the Changwon District Court Jinju Branch 2018 tea72, and the above application for payment order became final and conclusive.

(hereinafter “instant payment order”). C.

However, the plaintiff is paid KRW 17 million from C, and it is not borrowed from it, and thus the plaintiff is not entitled to the compulsory execution based on the payment order in this case.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

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