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(영문) 서울중앙지방법원 2021.02.17 2020가단5318521
청구이의
Text

1. The defendant's payment order against the plaintiff was due to the loan payment order in Seoul Central District Court 2020, 167322.

Reasons

1. Facts of recognition;

A. The Defendant filed an application with the Plaintiff for payment order with the Seoul Central District Court 2020 (167322). On March 6, 2020, the above court held that the Plaintiff (A) applied for the above 7,829,897 won and its 1,00,004 won per annum 21.45% per annum from February 29, 2020 to the day of full payment, 77,60 won per annum 22.3% per annum from February 29, 2020 to the day of full payment, 1,817, 524 won per annum 20.3% per annum from February 29, 2020 to the day of full payment, 200 won per annum 23.5% per annum from February 29, 2020 to the day of full payment, 30% per annum 208.4% per annum 29% per annum 360% per annum.

In the above auction procedure, the above real estate was sold on December 2, 2020, and the above court decided to permit the sale on December 9, 2020.

(c)

After that, on December 16, 2020, the Plaintiff deposited KRW 10,258,862 in total, with the Defendant as a principal of trust, the sum of the principal of debt and the execution expenses arising from the instant payment order (Ywon District Court No. 14470 in Suwon District Court 2020).

(d)

Meanwhile, while filing a lawsuit of demurrer to the instant claim, the Plaintiff filed a motion to suspend compulsory execution with 2020 Kao 31170, and this court rendered a decision on December 22, 2020 to the effect that compulsory execution based on the instant payment order shall be suspended until the judgment of the instant case is rendered.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the plaintiff's debt principle based on the payment order of this case is gold and gold.

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