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(영문) 대구지방법원의성지원 2019.11.27 2018가단345
청구이의
Text

1. The defendant's order for the payment of the goods price for the Daegu District Court's Sung Branch Branch 2015 tea 50 against C is based on the payment order for the goods price.

Reasons

1. Basic facts

A. On October 23, 2008, the Plaintiff filed a payment order against D, E, and C seeking payment of KRW 40,000,000 with the Daegu District Court Branch Branching D, E, and C, and interest thereon, and received payment order in accordance with the purport of the application on October 27, 2008. The above payment order was finalized on November 13, 2008. 2) In addition, on December 21, 2009, the Plaintiff filed an application with C for payment order claiming payment of KRW 100,000,000 with the same court heading4203, and interest thereon, and received payment order in accordance with the purport of the application on December 23, 2009.

The above payment order was finalized on January 12, 2010.

3) The Defendant, on August 9, 2006, filed an application against C and E for the payment order claiming payment of KRW 50,00,000 per annum, interest rate of KRW 24% per annum, and due date of repayment of December 31, 2007, respectively, and C and E have not been repaid each of the above obligations, against C and E on April 1, 2015, as the court 2015 tea50, and the interest rate of KRW 50,000,000 per annum from August 9, 2006 to the date of full payment, and delayed payment damages calculated at the rate of KRW 24% per annum. The court issued the payment order under the purport of the application on April 16, 2015, and the above payment order became final and conclusive on May 9, 2015 (hereinafter referred to as the “Defendant’s joint and several surety obligation”).

In addition, the above payment order is "the payment order of this case".

B) B. B. The Plaintiff filed an application for a compulsory auction on real estate owned by C on the grounds of the aforementioned finalized payment order (TF compulsory auction and a lawsuit of demurrer against distribution) with respect to real estate owned by C on October 13, 2015 (FF).

The defendant made a demand for distribution in the above auction procedure by designating the above final payment order as the executive title.

2. On October 5, 2016, the court of execution shall distribute the actual dividends at the above auction procedure on October 5, 2016.

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