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(영문) 청주지방법원 제천지원 2018.01.10 2017가단2287
청구이의
Text

1. The Defendant’s Cheongju District Court Decision No. 2014j722 against the Plaintiff has an executory power over the oil payment case.

Reasons

1. Indication of claim;

A. At the time of November 8, 2017, the Plaintiff had a debt equivalent to KRW 8,587,578,578 with respect to the Defendant’s principal amounting to KRW 7,943,734 and interest amounting to KRW 643,844 based on the order for payment of oil price in the Cheongju District Court Order No. 2014,722 (hereinafter “instant payment order”).

B. On the basis of the original copy of the instant payment order, the Defendant filed a request for auction of the Plaintiff’s real estate owned by the Plaintiff, and rendered a decision of compulsory commencement of auction on April 17, 2017 to Cheongju District Court Jeju Branch Court B.

C. On November 8, 2017, the Plaintiff repaid KRW 10,770,00, including the principal and interest of the obligation to the Defendant and KRW 8,587,578,578 and the execution cost of the compulsory auction case and KRW 2,182,422, and was issued a receipt and a written withdrawal of the compulsory auction by the Defendant.

Therefore, since all obligations on the payment order of this case have ceased to exist with repayment, compulsory execution based on the payment order of this case should not be allowed.

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);

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