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(영문) 수원지방법원 성남지원 2018.03.20 2017가단230375
청구이의
Text

1. The Defendant’s execution of loan cases against the Plaintiff (Appointed Party) by Sungwon District Court Branch 2013Gau43836.

Reasons

1. Basic facts

A. On May 27, 2014, the Defendant filed a lawsuit against the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointed C seeking payment of the interest and delay damages incurred from April 9, 2005 by means of loans 2013dada 43836 with the Suwon District Court Branch Branch of Suwon Branch of 2013da 43836, and the Plaintiff filed a lawsuit seeking payment of the interest and delay damages incurred from April 9, 2005, the decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) was finalized. On July 16, 2014, the judgment as follows (hereinafter “the judgment of this case”) was rendered as to the Selection C, and the said judgment became final and conclusive at that time.

Notes

1. The defendant shall pay to the plaintiff 2,00,000 won with 5% interest per annum from April 9, 2005 to May 22, 2014, and 20% interest per annum from the next day to the day of full payment.

B. In other words, on April 10, 2014, the Defendant filed a lawsuit against the Appointor C and D seeking the return of the loan with the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2013Kadan40963, and was sentenced to the judgment as follows (hereinafter “instant judgment”) and the said judgment became final and conclusive around that time.

Notes

1. The Plaintiff:

A. Defendant C shall pay 37,00,000 won with 5% interest per annum from January 1, 2009 to February 20, 2014; and 20% interest per annum from the following day to the date of full payment;

B. Defendant D shall pay 35,00,000 won out of the above money and 5% per annum from January 1, 2009 to February 20, 2014, and 20% per annum from the next day to the day of full payment with Defendant C respectively.

C. On November 19, 2014, the Selection C repaid 4 million won to the Defendant (hereinafter “instant reimbursement”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that, inasmuch as the instant repayment amount is repaid to the judgment No. 1, compulsory execution based thereon should be denied.

2.3.

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