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(영문) 전주지방법원 2017.06.21 2016가단29502
청구이의
Text

1. The Defendant’s enforcement of demotion based on the payment order issued on May 15, 2015, notified on May 15, 2015 by this Court against the Plaintiff is 32,83.

Reasons

1. Facts of recognition;

A. The Defendant filed an application against the Plaintiff for a payment order (2015 tea 2063) seeking the payment of loans in this court.

B. On May 15, 2015, this court notified the Defendant that “the Plaintiff shall pay 45 million won and 20% interest per annum from the 21st of the same month to the date of full payment” and that “the Plaintiff shall pay the Defendant the amount calculated by the rate of 45 million won per annum from the 21st of the same month to the date of full payment.” The Plaintiff did not raise an objection even if it

6.4. The above payment order was finalized.

C. Meanwhile, the Plaintiff paid the Defendant totaling KRW 7,950,000 from May 21, 2013 to April 27, 2015 as the repayment of the above loan.

In addition, the Plaintiff received KRW 4,166,50 from the claim for the return of the lease deposit against the Defendant of C by inheritance and transfer, and offset the amount on an equal basis with the above loan claim.

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 2, Eul evidence 1 and 2, the purport of the whole pleadings and arguments

2. According to the above facts finding as to the cause of the claim, the debt arising from the above payment order has ceased to exist as much as 12,116,50 won in total as the Plaintiff’s repayment and offset (a reimbursement of KRW 7,950,000, KRW 4,166,500).

3. According to the conclusion, compulsory execution based on the above payment order shall be dismissed only to the amount exceeding the amount calculated by the rate of 20% per annum from May 21, 2015 to the date of complete payment, and the provisional disposition ex officio is issued pursuant to Article 47(1) of the Civil Execution Act, on the grounds that the plaintiff's claim is accepted within the above scope of recognition, and the provisional disposition is issued ex officio pursuant to Article 47(1) of the Civil Execution Act.

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