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(영문) 서울서부지방법원 2015.12.18 2015나3772
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

Seoul Western District Court 2013Kadan16971.

Reasons

1. Basic facts

A. The Defendant asserted that he lent KRW 23,500,000 to the Plaintiff, and filed a lawsuit against the Plaintiff on April 30, 2013 against the Seoul Western District Court 2013Kadan16971.

B. Upon the Plaintiff’s failure to submit a written reply on June 27, 2013, the same court rendered a judgment that “the Defendant shall pay to the Plaintiff 21,10,000 won and interest calculated at the rate of 5% per annum from May 16, 2011 to May 6, 2013, and 20% per annum from the next day to the date of complete payment” and the above judgment was finalized on July 19, 2013.

(hereinafter referred to as “the final judgment of this case”). 【The grounds for recognition】 Each entry of evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the Defendant paid the sum of KRW 22,500,000 to the Defendant should be excluded from the executory power of the instant final judgment.

(1) 705,00 won, each five times in total, 3,525,00 won, and 1,000,000 won (=30,000 won per 10,000,000 won for 400,000 won for 600,000 won for 700,000 won for 70,000 won for 705,000 won for 30,400 won for 30,40,000 won for 1,20,000,000 won for 30,50,000 for 30,00 for 40,50,630,00 for 30,000 for 40,00 for 60,60,000 for 30,60,000 for 30,60,000 for 30,000 won for 24, 2013

(b) Where the title of execution is a final and conclusive judgment in a lawsuit demanding an objection against the distribution of claims, the grounds for the objection shall have arisen after the pleadings have been concluded, or where a judgment was rendered without pleadings, it shall have occurred after the judgment is pronounced

(2) The Plaintiff borrowed KRW 23,50,00 from the Defendant on July 15, 2010 and prepared a loan certificate to the Defendant on account of the overall purport of the pleadings, comprehensively taking account of the written evidence Nos. 44(2) of the Civil Execution Act, and Nos. 1, 2, 1, 1, 2, 1, 1, 200, 200, 200, 2,000, 2,000 from August 15, 201 to May 15, 201.

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