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(영문) 서울중앙지방법원 2015.05.21 2014가단185770
청구이의
Text

1. Compulsory execution against the plaintiff by the defendant against the Seoul Central District Court 2014 tea3809 is 3,590.

Reasons

1. Basic facts

A. On January 27, 2014, the Defendant received a payment order (hereinafter “instant payment order”) stating that “The Plaintiff shall pay to the Defendant 11,465,410 won and the amount calculated by the rate of 20% per annum from February 7, 2014 to the date of complete payment” (hereinafter “instant payment order”) from the Seoul Central District Court Decision 2014 tea3809 against the Plaintiff on January 27, 2014.

2. 21. A final and conclusive date.

B. On March 13, 2014, the Plaintiff issued an electronic bill of KRW 5,123,030 to the Defendant, and the same year with the maturity of the said bill of exchange.

6. The settlement has been made on 30.

C. On August 22, 2014, the Defendant issued a collection order for the seizure and collection of the instant payment order by designating the debtor as the Plaintiff, the third debtor as the National Bank, the National Bank, and the Industrial Bank of Korea, as the title of execution, and by designating the debtor as the Plaintiff, the third debtor as the Bank of Korea.

After October 23 of the same year, 3,652,214 won was distributed according to the above collection order in the same court D dividend procedure.

On the other hand, the Plaintiff issued an electronic bill of KRW 6,342,380 (hereinafter “instant electronic bill”) to C on January 7, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 6, 7, and 8 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) issued the instant electronic bill to C in order to partially repay C the debt amounting to KRW 11,465,410, which was verified by the content that the Plaintiff received the claim thereafter. On February 27, 2014, the Plaintiff agreed to recognize the Defendant with the deposit sheet (the instant electronic bill issued by the Plaintiff, in preparing the evidence No. 3, shall be recognized by the Defendant, and the remainder of KRW 5,123,030, except that, was paid to the Defendant, the Plaintiff paid KRW 5,123,030 to the Defendant. Accordingly, the Plaintiff paid KRW 5,123,030.

Therefore, this case's monetary obligation was fully repaid.

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