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(영문) 부산지방법원 2018.02.22 2017가단333806
청구이의
Text

1. Busan District Court Decision 201Na15861 Decided 11,00,000 and 11,000 won among the executory exemplifications of the receipt money case.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1- 3 (including a serial number), taking into account the overall purport of the pleadings.

On July 22, 2015, the Defendant received a payment order (hereinafter “instant payment order”) from the above court stating that “the Plaintiff shall pay to the Defendant 12,00,000 won and 20% interest per annum from the day from the day after the original copy of the payment order was served to the day of complete payment” (hereinafter “instant payment order”), which became final and conclusive as it is.

B. On October 1, 2015, the Defendant filed an application for a compulsory auction against the Plaintiff on the 843 square meters of the D warehouse site in Chungcheongnam-gun, Chungcheongnam-gun, Seoul Special Metropolitan City (hereinafter “instant land”) with the Changwon District Court (hereinafter “instant order for compulsory auction”) upon the instant order for payment. On October 1, 2015, the Defendant received a decision from the said court that “the auction procedure regarding the instant land shall commence and seize it for the Defendant” (hereinafter “instant order for compulsory auction”).

C. The Plaintiff filed a suit against the Defendant for objection to the instant payment order with Busan District Court Decision 2015Da236543, and filed a lawsuit for objection against the instant payment order from the court of that appellate court (No. 2016Na46793 of the same court) on September 21, 2017, the Plaintiff is denied only to the extent that compulsory execution against the Plaintiff by the Defendant on September 21, 2017 exceeds 11,00,000 won per annum from July 29, 2015 to June 28, 2016, and 15% per annum from the next day to the date of full payment. 2. The Defendant’s remaining claim is dismissed. 3. The Defendant’s judgment related to “the remainder is borne by the Defendant, and the remainder is borne by the Plaintiff,” respectively.

(D) The Plaintiff received the Defendant as the principal deposit, and it became final and conclusive as it is. D. The Plaintiff made the Defendant as the principal deposit ( October 23, 2017, the Busan District Court Branch Branch of the Busan District Court on the 2017.

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