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(영문) 서울남부지방법원 2015.09.10 2015가단18965
청구이의
Text

1. The Defendant’s claim for loans (Seoul Southern District Court 2005 Ghana 9093) against the Plaintiff has the executory power.

Reasons

1. In the case of Seoul Southern District Court 2005Gaso993 against the Plaintiff, “the Plaintiff shall pay to the Defendant KRW 15 million and the amount equivalent to KRW 24% per annum from August 18, 1995 to the full payment date,” which the Defendant served on the Plaintiff on May 2, 2005, and became final and conclusive on May 17, 2005, and thereafter, the Plaintiff paid the full amount of the Defendant’s debt (the Plaintiff paid KRW 87,98,800 to the Seoul Southern District Court 1829 on April 17, 2015, with the Defendant deposited KRW 87,98,800 on April 17, 2015, and the Defendant received the Defendant’s deposit without reservation) is either not disputed between the parties, or can be recognized by comprehensively taking into account the descriptions in subparagraphs 1 through 4 and the purport of the entire pleadings.

2. If so, monetary payment obligations of the plaintiff against the defendant according to the above decision of performance recommendation are extinguished by repayment, and compulsory execution based thereon is not permitted. Thus, the plaintiff's claim shall be accepted for reasons.

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