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(영문) 부산지방법원 2020.11.04 2019가단343432
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant filed an application with the Plaintiff and the Plaintiff for a payment order against the Plaintiff and the Plaintiff for a loan of KRW 43,160,000 and delayed payment damages. On July 16, 2007, the above court issued a payment order with the purport that “the Plaintiff and D shall jointly and severally pay to the Defendant the amount of KRW 43,160,000 and the interest rate of KRW 36% per annum from October 18, 2006 to the date of full payment.” The above payment order was served on the Plaintiff on October 20, 207, and confirmed on October 25, 2007, and served on July 26, 2007, and confirmed on August 10, 2007.

B. After December 8, 2017, the Defendant filed an application for payment order against the Plaintiff and D again with Busan District Court 2017 tea9340, which sought payment of KRW 28,160,000 among the obligations under the payment order under the Busan District Court 2007 tea 175888, and the said court issued a payment order with the same content as the said application on January 22, 2018, however, the said case was submitted to the court for litigation proceedings.

In the litigation proceedings conducted thereafter, the Plaintiff did not submit a written response and did not appear on the date of pleading (D procedures were served by public notice). On May 29, 2018, the said court rendered a ruling that “The Plaintiff and D jointly and severally pay to the Defendant the amount of KRW 28,160,000 and the amount calculated by the rate of 15% per annum from March 31, 2018 to the date of full payment,” and the said ruling became final and conclusive on June 22, 2018 as the Do for the appeal period after the delivery of the written response to the Plaintiff on June 7, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 3, 4, and 5, the purport of the whole pleadings

2. The parties' assertion

A. Compulsory execution based on the judgment in the above case No. 2018 Ghana 11749 against the plaintiff by the defendant claiming the plaintiff shall not be permitted for the following reasons:

The plaintiff.

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