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(영문) 제주지방법원 2017.06.23 2016가단18288
청구이의
Text

1. Compulsory execution based on the judgment of Jeju District Court Decision 2012Da7543 decided July 6, 2012 against the Defendant’s Plaintiff is 16.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff and C with the Jeju District Court No. 2012Ga7543, and the said court rendered a judgment on July 6, 2012 that “The Plaintiff and C shall jointly and severally pay to the Defendant the amount of KRW 17,700,000 and the interest calculated at the rate of 20% per annum from June 9, 2012 to the date of full payment” (hereinafter “instant judgment”). The said judgment became final and conclusive.

B. Based on the instant judgment, the Defendant requested a collection order on October 30, 2012 by the Chuncheon District Court 2012TTT 3363, where the Plaintiff was the debtor and the National Bank, etc. was the third debtor, and received the decision of acceptance on October 30, 2012.

On the other hand, the defendant requested the collection of claims against the plaintiff at the main point of the future credit information company (hereinafter "undeveloped credit information company"), and D employees of the above company were in charge of debt collection.

On November 27, 2012, the Plaintiff consulted with D and deposited KRW 2.5 million into the future credit information account.

On December 14, 2012, the defendant submitted a request for withdrawal and cancellation of execution against the above seizure and collection order.

C. In accordance with the instant judgment, the Defendant again filed a claim attachment and collection order with the Plaintiff as the Chuncheon District Court 2015TT92, which designated the debtor, the National Bank of Korea, etc. as the third debtor, and received a decision of acceptance on January 20, 2015.

Then, the Plaintiff filed a complaint against the Defendant to the effect that it constitutes fraud when receiving a seizure and collection order of claim No. 2015 other bond No. 2015 other bond No. 92 from the Defendant, and filed a complaint against the Defendant to the Jeju District Court No. 2015Kadan9366 (the Jeju District Court was transferred to the Jeju District Court, and the Jeju District Court No. 2016) on February 16, 2016, and withdrawn the criminal complaint on March 4, 2016.

[In the absence of dispute, Gap 1 to 10]

2. The Plaintiff’s assertion as to the cause of the claim.

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