(영문) 창원지방법원 2020.11.20 2019나66405

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(영문) 창원지방법원 2020.11.20 2019나66405

청구이의

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The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

Reasons

1. Basic facts

A. 1) The Defendant was issued a payment order with the purport that “the Plaintiff would pay the Defendant the amount of KRW 16,860,124 and the delay damages therefrom,” by requesting a payment order against the Plaintiff (Seoul District Court Jinwon Branch Branch Branch Decision 2015 tea1390), and September 21, 2015 (hereinafter “instant payment order”).

(2) The Plaintiff filed a lawsuit against the Defendant for objection against the instant payment order (Seoul District Court Jinwon Branch 2016Kadan3931). On January 24, 2017, the said court rendered a judgment to the effect that “The compulsory execution based on the instant payment order against the Plaintiff was 14,786,180 won and the amount exceeding the interest rate of 5% per annum from September 25, 2015 to January 24, 2017, and from the next day to the date of full payment, it shall not be permitted only to the portion exceeding the interest rate of 15% per annum from September 25, 2015 to January 24, 2017.” The said judgment became final and conclusive as it is.

3) On June 5, 2019, the Defendant: (a) obtained the execution clause based on the instant payment order from the Jinwon District Court’s Jinwon District Court’s Jinwon Branch’s judgment; and (b) applied for an auction on movable property located in the Plaintiff’s domicile; (c) on the other hand, the Defendant filed a lawsuit against the Plaintiff’s mother seeking the payment of the agreed amount (C) and filed a lawsuit seeking the payment of the loan against the Plaintiff.

(C) On August 9, 2018, Jinwon District Court 2018Gadan2949 case, Jinwon District Court 2018Dadan4338, Jinwon District Court 2018, the following mediation was established:

C shall pay 30,000,000 won to the Plaintiff until December 31, 2018. If delay is made, the unpaid amount shall be paid at the rate of 15% per annum from the day after the date of payment to the day of full payment.

The above KRW 30,00,000 shall be responsible for the payment note as of May 22, 2014 and the respective note as of August 28, 2014.

2. The plaintiff.

유사 판례

-창원지방법원진주지원 2017.04.04 2016가단36375

-창원지방법원 진주지원 2018.06.07 2017가단36693

-창원지방법원 진주지원 2017.04.25 2016가단9410

-창원지방법원 2016.03.29 2015가단3023

-창원지방법원 2018.07.12 2017나60359