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The Suwon District Court against the plaintiff was enforced on December 19, 2013 based on the payment order of 2013 tea7078.
Reasons
1. Basic facts
A. C on December 21, 2009, filed a lawsuit with the Suwon District Court seeking payment of the full amount against the Plaintiff.
(209Gahap27905). The decision of recommending reconciliation was made on November 3, 2010 by the plaintiff to pay a certain amount to C in the above lawsuit.
(hereinafter referred to as “the instant recommendation decision,” and thereafter, C’s claim against the Plaintiff. (b)
around 2013, the Defendant applied to the Seoul Western District Court for a payment order seeking a loan against C, and the payment order issued on October 23, 2013 became final and conclusive on the above application.
(2013 tea6751). The Defendant received a seizure and collection order as to the instant claim from the above court on the ground that the said payment order was the executive title around that time.
(2013.Typ 17017)
According to the above order of seizure and collection, on December 16, 2013, the defendant applied to the Suwon District Court for a payment order to collect the claim of this case against the plaintiff as 2013 tea7078.
On December 19, 2013, the above court issued a payment order to the defendant to pay the collection amount upon the above application, and the above payment order became final and conclusive around that time.
(hereinafter referred to as the "payment order of the collection of this case"). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 3, 8, Eul evidence No. 1, and the purport of the whole pleadings.
2. Determination
A. (A) A) The grounds for an objection to an objection to the relevant legal doctrine concerning the grounds for the objection are to extinguish all or part of the claims indicated in the executive title, and to permanently or temporarily invalidate them. In addition to such grounds, the grounds for losing the creditor’s standing to enforce the claim may serve as the grounds for the objection.
In addition, a creditor may withdraw an application for a seizure order before the period of elaboration expires, and in this case, the creditor's collection right also becomes extinct as a matter of course.