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(영문) 대구지방법원 상주지원 2018.05.30 2017가단2662
청구이의
Text

1. The Defendant’s order for the payment of loans against the Plaintiff was issued in the Daegu District Court Decision 2017Hu166 decided May 1, 201.

Reasons

1. Facts of recognition;

A. The payment order was issued on September 6, 2017 with the purport that “the Plaintiff and C shall pay to the Defendant 4 million won and the amount calculated at the rate of 15% per annum from the next day of the delivery of the payment order for the Plaintiff and C to the day of full payment.” The payment order was sent to the Plaintiff on September 6, 2017, and the said payment order was finalized on September 21, 2017.

(hereinafter “instant payment order”). B.

On October 23, 2017, the Defendant received a seizure and collection order of the claim against the Plaintiff’s literature and city with the amount claimed as KRW 4,622,100 on the basis of the instant payment order.

(Seoul District Court 2017TTTT 1468).

On November 1, 2017, the Plaintiff deposited KRW 4,66,483 in the Daegu District Court with the Defendant as the principal deposit, on the ground that the sum of the interest from September 6, 2017 to November 1, 2017, from September 6, 2017, from September 201 to November 201, 2017, the demand procedure expenses requested from the seizure and collection order, the fees for certified judicial scriveners, and the application expenses, etc., was the deposit.

On November 16, 2017, the Defendant paid the full amount of the Plaintiff’s deposit money.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 3, the purport of the whole pleadings

2. According to the above facts of recognition as to the plaintiff's claim, since the plaintiff's debt pursuant to the payment order of this case was extinguished by the above payment deposit, compulsory execution based on the payment order of this case shall be rejected.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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