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(영문) 수원지방법원 2015.07.15 2015가단8984
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff by the Suwon District Court Decision 2004Kadan49187 Decided October 19, 2004.

Reasons

1. Facts of recognition;

A. On October 19, 2004, the Defendant filed a lawsuit against the Plaintiff for a loan claim by Suwon District Court Decision 2004Da49187, and rendered a judgment on October 19, 2004 that “the Defendant (the Plaintiff of this case) shall pay to the Plaintiff (the Defendant of this case) the amount of KRW 40 million with interest of KRW 40,000,000 and the amount calculated at the rate of 20% per annum from September 8, 2004 to the date of full payment,” and the judgment became final and conclusive as is

(hereinafter “the final judgment of this case”). (b)

The Defendant, based on the final judgment of the instant case, received a seizure and collection order against the Plaintiff’s bank account.

(C) Sung-nam District Court 2014 Taz. 4572, 2014 Taz. 7618, c).

On May 22, 2014, the credit information in consideration of debt collection delegated by the Defendant collected 60,000,000 won in total from the Plaintiff’s national bank account on two occasions.

After February 25, 2015, the Defendant collected KRW 57,365,416 from the Plaintiff’s national bank account, and the Plaintiff deposited KRW 5,698,630 on the day the remainder of the principal and interest of the Plaintiff’s obligation to repay in accordance with the final judgment of the instant case.

[Ground of recognition] Facts without dispute, Gap 1-7's entries, the purport of the whole pleadings

2. According to the above facts of recognition, it is recognized that the Plaintiff fulfilled all the obligation to pay the amount according to the final judgment of this case. Therefore, compulsory execution based on the final judgment of this case shall be dismissed.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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