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(영문) 대전지방법원 2015.12.10 2015가단37518
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff by the Daejeon District Court on March 11, 2015 based on the payment order (2015 tea1492).

Reasons

1. The Defendant, indicating the claim, filed an application with the Daejeon District Court for a payment order seeking a loan with the Plaintiff as the Daejeon District Court 2015 tea1492. On March 11, 2015, the said court ordered the Plaintiff to pay 30% per annum for KRW 16 million and KRW 10 million, respectively, to the Defendant jointly and severally, from August 11, 2014 to the date of complete payment, and from the date following the final service date of the payment order to the date of full payment. The said payment order was finalized on April 2, 2015.

However, there is no fact that the plaintiff borrowed the above money from the defendant, so compulsory execution based on the above payment order should be dismissed.

2. Article 208 (3) 1 and Article 257 of the Civil Procedure Act.

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