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(영문) 부산지방법원 2015.05.01 2014나44786
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

Busan District Court Branch of the defendant on July 2010.

Reasons

1. Basic facts

A. The Defendant (former Credit Counseling and Recovery Fund) filed an application with the Plaintiff for a payment order claiming payment of KRW 13,909,948 with the Busan District Court Branch Branch of the Busan District Court (hereinafter “Seoul District Court Branch of the District Court”). On July 13, 2010, the said court issued a payment order with the content that “the Plaintiff shall pay to the Defendant 13,909,948 won and 7,304,509 won among them at a rate of 17% per annum from July 9, 2010 to the date of full payment, and KRW 15,680 per annum for demand procedure (hereinafter “instant payment order”). The order was finalized on August 4, 2010.

B. Upon the instant payment order, the Defendant applied for compulsory auction of real estate on the real estate listed in the separate sheet owned by the Plaintiff. On June 24, 2013, the Jeju District Court C received a decision to commence compulsory auction and a seizure order, and the procedure for compulsory auction of real estate on the real estate listed in the separate sheet was commenced.

C. After that, the Plaintiff provided the Defendant with the repayment of KRW 18,610,431, but was refused to receive the payment from the Defendant. On November 21, 2013, the Plaintiff deposited KRW 18,610,431 (hereinafter “instant deposit”) by determining the principal and interest of the instant payment order, the procedure for demanding payment, and the expenses for filing an application for compulsory auction of the said real estate as the cause of deposit, respectively. The Defendant reserved an objection on November 28, 2013 and received the said deposit.

As of November 21, 2013, the deposit date of the instant case, the Defendant held a total of KRW 19,401,415 against the Plaintiff regarding the instant payment order as follows.

1) Principal of the instant payment order: 7,304,509 won 2) Interest accrued on the principal of the instant payment order: 6,605,439 won 3): 4,191,387 won (=7,304,509 won x 17% x 17% x 1,232 days/365) 4) The procedure for demanding the instant payment order: 15,680 won for compulsory auction for the above real estate: 1,284,40 won: 40 won

E. The Defendant on November 27, 2013

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