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(영문) 춘천지방법원 강릉지원 2018.12.19 2018가단32261
청구이의
Text

1. The defendant's case of the defendant's purchase price of the article 2013 tea 42, which is against the defendant's plaintiff.

Reasons

1. The Defendant, based on the facts, filed an application for payment order against the Plaintiff with the Gangseo-si District Court 2013j42, Gangnam-si Court 201, and “the Plaintiff and C” jointly and severally filed with the Defendant for payment order at the rate of 20% per annum from the day following the delivery of payment order to the day of full payment, and the payment order ordering the Plaintiff to pay KRW 408,724 per annum for demand procedure expenses, which was served on February 27, 2013, and the Plaintiff did not raise any objection, and the said payment order became final and conclusive on March 14, 2013.

hereinafter referred to as "the payment order of this case"

(ii) [Ground of recognition] unsatisfy, Gap 1 and 5 evidence (including paper numbers), the purport of the whole pleadings;

2. The assertion and judgment

A. The Plaintiff’s assertion asserts that, as the cause of the instant claim, the Plaintiff paid the debt based on the instant payment order as indicated in the following table (Provided, That the Plaintiff withdrawn the respective payment orders as of April 18, 2013 and October 25, 2013). The Plaintiff asserts that compulsory execution based on the said payment order should not be allowed regarding the remainder of the remainder amount of debt.

D D DD E E B B B

B. (i) If the obligor pays the expenses and interest of the obligation, and the person performing the obligation is unable to pay the entire obligation, the performance must be appropriated in the order of the expenses, the interest, and the principal.

(Article 479(1) of the Civil Act. In full view of the fact that there is no dispute between the parties, as well as the purport of the entire pleadings, the Plaintiff’s performance on the “amount of performance” in the “amount of performance” in the attached Table of the annexed Table of the Appropriation of Performance (including the provisional number) may be recognized as having been discharged by the Plaintiff, on each date indicated in the annexed Table of the Appropriation of Performance (Provided, That the amount of performance on March 8, 2013 is KRW 20,000,000, or the amount of payment on March 8, 2013 is KRW 20,000 and KRW 19,591,220, which remains after being appropriated first to KRW 408,780 for demand payment on the convenience of the preparation of the calculation sheet).

According to these facts, each of the above repayment amounts is first appropriated for each amount stated in the "amount of appropriation for interest" in the same Table, and the remainder.

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