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(영문) 울산지방법원 2015.09.23 2015가단14036
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is denied based on the payment order issued by the Ulsan District Court 2015 tea1347.

2. This.

Reasons

1. Facts of recognition;

A. On April 28, 2015, the Defendant applied for a payment order against the Plaintiff, and on April 28, 2015, the Ulsan District Court 2015Guj1347 (hereinafter “instant payment order”), stating that “the Plaintiff shall pay to the Defendant the amount of KRW 50,00,000 and the amount calculated at the rate of 20% per annum from April 14, 2015 to the date of full payment,” was finalized.

B. Based on the executory exemplification of the instant payment order, the Defendant filed an application for a compulsory auction of real estate with respect to the amount of 164 square meters, etc. owned by the Plaintiff, the Busan District Court cited it on May 18, 2015, and rendered a decision to commence compulsory auction of real estate D.

C. As of May 28, 2015, the Defendant’s debt based on the instant payment order and the enforcement cost incurred by the Defendant was KRW 53,50,000 (principal KRW 50,000,000 + delay damages + KRW 1,232,876 + enforcement cost + KRW 1,500,000 + other expenses + KRW 767,124). On May 28, 2015, the Plaintiff remitted KRW 53,50,000 by designating that appropriated it to the Defendant’s repayment.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3 evidence, the purport of the whole pleadings

2. The judgment of the plaintiff is not permissible for compulsory execution based on the payment order of this case, since the principal and interest based on the payment order of this case and the expenses for its execution are fully repaid to the defendant.

The plaintiff's claim is justified and accepted.

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