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(영문) 대구지방법원 2015.04.09 2014가단52312
청구이의
Text

1. Compulsory execution against the defendant against the plaintiff on the payment order in the Daegu District Court 201 tea 4082 was conducted on 24.

Reasons

1. Basic facts

A. On December 18, 2000, the defendant filed a lawsuit against the plaintiff for the claim of KRW 24,007,110 against the plaintiff, and the mediation was established that "the plaintiff shall pay to the defendant 24,007,110 per annum from June 24, 1998 to November 12, 1998 and 25% per annum from November 13, 1998 to the day of full payment" that "the plaintiff shall pay to the defendant 24,007,110 won per annum and interest per annum from November 13, 1998 to the day of full payment."

(hereinafter referred to as "claim for Adjustment of this case"). B.

On November 27, 2000, the Plaintiff appeared as a witness and testified for B at the date of pleading of fraudulent act revocation lawsuit filed by the Plaintiff against the Plaintiff against the Plaintiff C on November 27, 2000. However, on May 10, 2001, the judgment ordering the cancellation of the contract to lease on a deposit basis, the cancellation of the contract to lease on a deposit basis, and the cancellation of the transfer of ownership between the Plaintiff and B on May 10, 2001, the Daegu District Court Decision 2001Na10463 Decided November 14, 2001 was dismissed.

C. Meanwhile, the Defendant received dividends of KRW 22,127,276 on May 4, 2004 from the Daegu District Court D’s Daegu District Court’s D’s auction procedure for real estate owned by the Plaintiff and appropriated the amount for the overdue interest accrued from June 24, 1998 to June 22, 2002.

The Plaintiff was declared bankrupt on September 26, 2008 by requesting the Daegu District Court 2008Hadan3616, 2008 3616, 3616, and the application for immunity was filed on December 5, 2008, and the above immunity became final and conclusive on December 20, 2008, and the claim of this case was not entered in the list of creditors of the above application for immunity.

E. Based on the instant conciliation claim, the Defendant filed an application with the Daegu District Court for payment order against the Plaintiff. On May 6, 2011, the Defendant applied for payment order from the said court to the Defendant for payment order from June 24, 1998 to November 12, 1998.

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