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(영문) 춘천지방법원원주지원 2015.01.08 2014가단6816
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is denied based on the payment order issued by the original district court in Chuncheon.

Reasons

1. The Defendant, on December 30, 201, filed an application for payment order with the Plaintiff, etc. under the Chuncheon District Court Branch Branching 2012 tea648 by asserting that the Plaintiff jointly and severally guaranteed the debt of KRW 38,00,000 with the Defendant of Nonparty C, and on March 6, 2012, the said court issued an order for payment (hereinafter “instant payment order”) stating that “the Plaintiff and D jointly and severally paid 38,00,000 won to the Defendant, and the amount equivalent to 30% per annum from December 31, 2011 to the date of full payment” (hereinafter “the instant payment order”). The said payment order was finalized as it is with the objection period (the Plaintiff raised an objection after the objection period against the above payment order, but the above objection was dismissed) and the purport of the entire statement in subparagraphs 1 through 4 can be acknowledged by comprehensively taking account of the purport of each evidence stated in subparagraphs 1 through 4.

2. We examine whether the plaintiff's assertion and judgment were jointly and severally guaranteed by the non-party C's debt borrowed to the defendant. The evidence No. 4, which seems consistent with this, cannot be used as evidence since there is no evidence to prove the authenticity, and there is no other evidence to prove otherwise. Thus, compulsory execution based on the payment order of this case, which is the ground for the plaintiff's joint and several liability, should not be permitted.

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

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