(영문) 서울중앙지방법원 2015.10.28 2015가단103874

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(영문) 서울중앙지방법원 2015.10.28 2015가단103874

청구이의

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1. The Defendant’s payment order against the Plaintiff is based on the payment order issued on August 28, 2013 by the Seoul Central District Court.

Reasons

1. Determination as to the cause of claim

A. Facts 1) The Defendant filed an application with the Seoul Central District Court for a payment order against the Plaintiff for the payment of management expenses, and on August 28, 2013, the payment order order (2013j58784; hereinafter “instant payment order”) stating that “the Plaintiff shall pay the Defendant the delayed payment amounting to KRW 6,856,890, and the payment delay and the payment demand procedure expenses (the stamp KRW 3,400, the delivery fee of KRW 26,00) calculated at the rate of 20% per annum from the next day of the delivery of the original payment order to the day of full payment.”

(2) On September 2, 2013, the instant payment order was served on the Plaintiff on September 2, 2013, and became final and conclusive on September 17, 2013. (2) The Defendant applied for a compulsory auction against the Plaintiff’s real estate B to the Seoul Central District Court.

3) On June 12, 2015, the Plaintiff deposited KRW 12,221,051 with the principal and interest of the obligation based on the instant payment order and the execution expenses, at the Seoul Central District Court (hereinafter “Seoul Central District Court”) (No. 12516).

B. The principal and interest of the Plaintiff’s obligation up to the date of deposit with the Defendant upon the instant payment order is KRW 29,400 (i.e., KRW 6,856,890 for principal = KRW 2,434,65 for interest on KRW 6,856,890 (=6,856,890 for interest x 0.2 x 648/365), and KRW 29,400 for the principal and interest of the Defendant (i.e., KRW 3,400 for service charges of KRW 26,00).

In addition, the execution cost incurred up to the date in the compulsory auction procedure for real estate is KRW 742,370 (i.e., KRW 537,760, registration license tax of KRW 15,930,000, KRW 3,180,000, KRW 5,000, KRW 177,50.

However, the Plaintiff deposited KRW 12,221,051 in excess of KRW 10,063,325 (=9,320,955 KRW 742,370) of the principal and interest of the obligation and the execution cost under the instant payment order. As such, the enforcement force of the instant payment order should be excluded.

2. citing the Plaintiff’s claim.

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