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(영문) 서울중앙지방법원 2019.04.30 2019가단4876
청구이의의 소
Text

1. The Defendant’s claim for loans against the Plaintiff is regarding the Seoul Central District Court Decision 2009Gaso2473138 Decided March 25, 2010.

Reasons

1. Basic facts

A. C Co., Ltd. filed a lawsuit against the Plaintiff for loans at this court 2009 Ghana243138, and on March 25, 2010, the judgment was rendered and confirmed on March 25, 2010 that “the Defendant shall pay to the Plaintiff 4,130,971 won and 3,041,155 won per annum 24% per annum from May 30, 2009 to March 5, 2010, and 20% per annum from the next day to the date of full payment (hereinafter “instant judgment”).

B. On March 11, 2016, the Defendant was granted the succeeding execution clause against the instant judgment.

C. On January 30, 2019, the Plaintiff remitted KRW 12,368,427 to the Defendant, and the Defendant prepared and issued a written confirmation that the obligation was fully repaid to the Plaintiff.

[Reasons for Recognition] Uncontentious Facts, Evidence No. 1-2, Evidence No. 3-1, 2, Evidence No. 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, since the obligation based on the judgment of this case against the defendant of this case has ceased to exist due to the plaintiff's repayment, compulsory execution against the plaintiff of this case shall be dismissed.

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

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