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1. The Defendant’s compulsory execution against the Plaintiff is conducted based on the payment order of the Changwon District Court Branch 2017Hu1010.
Reasons
On April 25, 2017, the Defendant received a payment order as stated in Paragraph 1 of Article 1 (hereinafter “instant payment order”) stating that KRW 20,00,00 against the Plaintiff and interest thereon from October 1, 2016 to the date of full payment, and that KRW 52,90,00 (hereinafter “instant payment order”) from the Changwon District Court Branch Branch branch. The Defendant received an order to attach claims against the third party and to complete payment of KRW 3,10,000 due to compulsory execution based on the instant payment order (the Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 2018,4434), and the Defendant refused to receive the remainder of KRW 30,00 based on the instant payment order, KRW 20,00,00 and KRW 52,00 from the date of full payment, KRW 30,00,000, KRW 200, KRW 2016, KRW 37,516,275,2716,2016, etc.
Therefore, since the obligation of the plaintiff against the plaintiff was extinguished due to the payment order of this case, compulsory execution based on the payment order of this case against the plaintiff against the plaintiff should not be allowed (the defendant asserted that the plaintiff has a claim against the plaintiff as to the expenses incurred for compulsory execution other than the claim based on the payment order of this case. However, even if the defendant has a separate claim against the plaintiff, it cannot be allowed to execute additional compulsory execution based on the payment order of this case as well as compulsory execution with separate execution title as to the separate claim of this case). The plaintiff's claim of this case is justified.