logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 춘천지방법원영월지원태백시법원 2016.10.13 2016가단19
청구이의
Text

1. The defendant's debt loan case No. 2012 Ghana862 against the defendant's plaintiff is enforced.

Reasons

1. Basic facts

A. The Defendant asserted that the Plaintiff has a claim for the loan, and filed a lawsuit against the Plaintiff for the loan claim with the Chuncheon District Court Decision 2012Gau862, the Taecheon District Court Decision 2012Gau862, which decided that “the Plaintiff shall pay to the Defendant 9,110,000 won and the amount equivalent to 30% per annum from August 13, 2009 to April 30, 2012, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”). The judgment became final and conclusive as it is.

B. On May 27, 2014, based on the instant judgment, the Defendant received a seizure and collection order as to the Plaintiff’s deposit claim (hereinafter “instant claim seizure and collection order”).

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of both claims is as follows: (a) the Plaintiff asserted that compulsory execution based on the instant judgment should be denied since the Defendant received a collection amount of KRW 10,635,86,00 on July 11, 2014, including the sum of KRW 4,05,621, and KRW 6,000,000 on July 9, 2014, and KRW 10,635,245, and KRW 10,666 on June 27, 2014, based on the instant claim attachment and collection order, from which the Defendant received a claim against the Plaintiff; (b) the Defendant collected KRW 4,05,621 on July 9, 2014, based on the instant claim attachment and collection order; and (c) did not collect the remainder, and (d) did not comply with the Plaintiff’s claim based on the instant judgment.

B. We examine the judgment, as seen earlier, that the Defendant has a claim against the Plaintiff for KRW 9,110,00 and damages for delay thereof based on the judgment of this case. According to the evidence No. 1 of this case, the Defendant based on the seizure and collection order of this case, KRW 4,053,621, Jul. 9, 2014.

arrow