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(영문) 대구지방법원안동지원 2017.12.13 2017가단3390
청구이의
Text

1. The Defendant’s claim against the Plaintiff was dated June 21, 2017 in the Daegu District Court, Daegu District Court Decision 201Da3333.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either the dispute between the parties or the entry of Gap evidence Nos. 1 to 5 and 7 (including each number):

On October 19, 2015, the Defendant received the claim attachment and collection order from the Daegu District Court-dong Branch 2015TTT1988 as to KRW 50,000,000,000,000 from the Superior (hereinafter referred to as “ordinary”) Co., Ltd. for the Plaintiff, and the said order was served on the Plaintiff on October 21, 2015.

B. On October 19, 2015, B received a seizure and collection order from the Daegu District Court Decision 2015TT1987 as to the Plaintiff’s price of the said ready-mixed goods at KRW 50 million, and the said order was served on the Plaintiff on October 21, 2015.

B Based on the above order of seizure and collection, B filed a lawsuit against the Plaintiff for the claim of collection amount under the Daegu District Court Branch 2016Kadan202, and the above court rendered a favorable judgment on March 23, 2016 that “the Plaintiff shall pay to B the amount of KRW 50 million and the amount calculated at the rate of KRW 15% per annum from December 19, 2015 to the date of full payment,” and the above judgment became final and conclusive around that time.

According to the above judgment, the Plaintiff repaid the full amount of the above judgment amount to B on July 6, 2017.

C. Meanwhile, the defendant is above.

Based on the seizure and collection order under subsection (a), the Daegu District Court filed an application for the payment order against the plaintiff as the Daegu District Court Branch Branch 2017 tea33, and the above court issued the payment order (hereinafter “instant payment order”) on June 21, 2017, stating that “the plaintiff shall pay to the defendant the amount of KRW 50 million and the amount calculated at the rate of 15% per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment” (hereinafter “instant payment order”).

The Plaintiff served the original copy of the instant payment order on June 23, 2017, and filed an objection against the instant payment order on July 11, 2017, but the objection raised against the instant payment order was over the objection period.

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