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(영문) 대구지방법원 서부지원 2018.10.18 2018가단59820
채무부존재확인
Text

1. The Defendant’s subdivision of the Daegu District Court to the Plaintiff was based on the 2016 Ghana18850 Decided February 3, 2017.

Reasons

1. Basic facts

A. On July 6, 2016, the Defendant filed a lawsuit against the Plaintiff for the claim for the amount of the transfer income, and was sentenced to the judgment to the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 20,000,000 and the amount calculated at the rate of KRW 15% per annum from July 12, 2016 to the date of full payment” (hereinafter “instant related judgment”), and the said judgment became final and conclusive on February 28, 2017.

B. After that, on December 5, 2017, the Defendant applied for a compulsory auction on the Plaintiff’s real estate on December 5, 2017, and received a compulsory auction ruling from Daegu District Court C on December 6, 2017.

C. Accordingly, on July 24, 2018, the Plaintiff deposited the Defendant’s repayment of KRW 27,531,949 (i.e., the principal amount of KRW 20,000,000,000, calculated at the rate of 15% per annum from July 12, 2016 to July 24, 2018) with the Seoggu District Court Branch of the Daegu District Court KRW 201,531,949 (i.e., KRW 1,425,100).

[Ground of recognition] Unsatisfy, Gap's statements in Gap's evidence 1, 2, 4, and 6, the purport of the whole pleadings

2. According to the above facts of recognition, since all the defendant's claims against the plaintiff based on the relevant judgment of this case were extinguished, compulsory execution based on the relevant judgment of this case shall be dismissed.

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

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