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(영문) 서울서부지방법원 2019.01.09 2018가단226032
청구이의
Text

1. The Defendant’s repayment of loans (Seoul Western District Court 2004Kadan60402) against the Plaintiff is enforceable.

Reasons

1. In full view of the respective descriptions of Gap evidence Nos. 1 to 8 (including branch numbers, if any) and the whole purport of the pleadings, the following facts are recognized:

A. On February 15, 2005, the Defendant rendered a judgment against the Plaintiff that “the Plaintiff (the Defendant) shall pay to the Defendant (the Plaintiff in the instant case) the amount of KRW 30 million and the amount calculated at the rate of KRW 20% per annum from January 9, 2005 to the date of full payment” (hereinafter “instant judgment”), and the above judgment became final and conclusive on March 4, 2005.

B. In the instant case No. 2018TT7236, the Defendant received a seizure and collection order as to the Plaintiff’s claim against C, etc. with the amount claimed as KRW 111,254,794.

C. On August 13, 2018, the Plaintiff paid KRW 10 million to the Defendant, and the Plaintiff paid KRW 10 million to the Defendant, and the Seoul Western District Court fully closed the loan case as of August 13, 2018 and did not raise any civil or criminal objection thereafter. B.

It agreed to withdraw the request for the seizure and collection order mentioned in the subsection. D.

On August 14, 2014, the Plaintiff paid KRW 10 million to the Defendant according to the above agreement.

2. According to the above facts of recognition, it is reasonable to view that the Defendant, upon an agreement with the Plaintiff on August 13, 2018, agreed to receive KRW 10 million from the Plaintiff and complete termination of the loan case No. 2004Gadan60402, thereby giving up or exempting the remainder of the claim except for KRW 10 million out of the credit based on the instant judgment.

However, inasmuch as the Plaintiff paid KRW 10 million to the Defendant according to the above agreement and the Plaintiff’s obligation based on the instant judgment against the Defendant did not exist any longer, compulsory execution based on the instant judgment is not allowed.

3. The plaintiff's claim is justified and accepted.

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