(영문) 부산지방법원동부지원 2020.07.09 2020가단652

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(영문) 부산지방법원동부지원 2020.07.09 2020가단652

청구이의

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1. Compulsory execution against the plaintiff by the defendant based on the payment order of Busan District Court Branch 2019 tea 9268.

Reasons

1. Basic facts

A. On March 12, 2019, the Defendant filed an application against the Plaintiff for the payment order of the credit card use payment case (hereinafter “instant payment order”) with the Busan District Court Branch Branch 2019 tea, 9268, and on March 12, 2019, the said court issued the payment order (hereinafter “instant payment order”) with respect to KRW 12,982,985 and KRW 627,250 per annum with respect to KRW 23.9% per annum, KRW 9.3% per annum, KRW 9,802,615 with respect to KRW 15% per annum, KRW 18.9% per annum, and KRW 61,800 per annum from March 7, 2019 to the date of full payment, and the said payment order was finalized on May 8, 2019.

B. The Plaintiff did not repay the debt due to the instant payment order, and the Defendant filed an application for compulsory auction of real estate with the Gwangju District Court Seocheon Branch D as the claimant for the instant payment order.

On May 29, 2019, the above court rendered a ruling to commence compulsory sale of real estate, and on January 28, 2020, decided to permit the sale of real estate at the highest bidder.

C. On January 28, 2020, the date of the decision on permission for sale, the Plaintiff repaid to the Defendant the total amount of KRW 16,126,515,00,000 for the principal and interest of the obligation under the instant payment order.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of recognition, since the debts based on the payment order of this case were all extinguished by the plaintiff's repayment, compulsory execution based on the payment order of this case shall be dismissed.

However, although the defendant submitted a letter of withdrawal of compulsory auction with the repayment of all the obligations under the payment order of this case, the costs of lawsuit are determined to be borne by the plaintiff, considering the fact that the plaintiff seems to have brought the lawsuit of this case without obtaining the consent of the highest bidder

3. The plaintiff's claim for conclusion is justified and acceptable.

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