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(영문) 수원지방법원성남지원 2020.07.17 2020가단5340
청구이의
Text

1. The Defendant’s Sung-nam Branch of Suwon District Court (Seoul District Court Branch No. 2019Hu4019) on May 10, 2019.

Reasons

1. Facts of recognition;

A. In order to seek the payment of the unpaid monthly rent against the Plaintiff, the Defendant applied for the payment order under this Court No. 2019 tea 4019.

On May 10, 2019, the court issued an order to pay "the plaintiff shall pay to the defendant 1,1150,000 won and damages for delay calculated at the rate of 15% per annum from May 16, 2019 to the date of full payment."

(hereinafter referred to as “instant payment order”). The instant payment order was finalized on May 30, 2019.

B. On April 7, 2020, the Plaintiff deposited KRW 16,344,798 as 986 in 2020, based on Article 487 of the Civil Act, on the ground of the Defendant’s refusal to receive payments.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 4, the purport of the whole pleadings

2. The fact that the plaintiff deposited the total of KRW 16,344,798, including the total of KRW 1,502,958 for delay damages for 328 days, the compulsory execution expenses of KRW 3,629,340 for the demand procedure expenses, and KRW 62,50 for the demand procedure expenses of KRW 16,34,798 in order for the plaintiff to repay the debt due to the payment order of this case on April 7, 2020.

Thus, since the plaintiff's obligation against the defendant based on the payment order of this case is all extinguished, compulsory execution based on the payment order of this case should be denied.

3. Conclusion, the claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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