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(영문) 서울중앙지방법원 2013.11.13 2013가단143991
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is denied based on the Seoul Central District Court Decision 2011Da431472.

2...

Reasons

1. Facts of recognition;

A. The Defendant leased the Plaintiff’s denying C a total of KRW 52 million on five occasions from May 30, 2008 to July 30, 2009.

B. The Defendant filed a lawsuit against the Plaintiff and C regarding the loan claim as the court 201Gadan431472.

However, the complaint submitted by the Defendant was not served on the Plaintiff and C, and this Court jointly and severally rendered to the Plaintiff and C on May 31, 2012, with respect to KRW 52,00,000,000 and KRW 5,000,000 among them, from May 30, 2008 to February 15, 2009; KRW 10,000,000 from May 6, 2009; and KRW 7,000,000 from July 30, 209 to March 15, 2012; and KRW 20% per annum from the next day to the day of full payment (hereinafter “instant judgment”); the above judgment became final and conclusive around that time.

C. On July 17, 2012, the Defendant, based on the instant judgment, received a collection order (Seoul Northern District Court 2012TTTTTT 12302) against the Plaintiff.

1) In relation to the instant judgment on August 3, 2012, the Defendant and C have lowered the total amount of loans to KRW 26 million (as seen below, the loan certificate is KRW 260 million, but it is obvious that it is a clerical error in the amount of KRW 26 million.

The loan certificate was newly prepared to pay 150,000 won per month, and the phrase is as follows:

on August 3, 2012

A. From C to August 3, 2012, all debts shall be determined at KRW 260,000,000 in total, and each month shall be deposited in the name of KRW 1,50,000 in the passbook B. All documents attached thereto shall be concluded as of August 3, 2012 as of August 3, 2012. B) The Defendant submitted to the Seoul Northern District Court for the waiver of the attachment and collection order as to the above debt seizure and collection order along with C on the date on which the above loan certificate was prepared.

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