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(영문) 서울남부지방법원 2015.12.24 2015가단224135
청구이의
Text

1. Compulsory execution against the plaintiff by the defendant against the Seoul Southern District Court 2014Hu39054 was enforced on July 727.

Reasons

1. Facts of recognition;

A. On July 22, 2014, the Defendant received a payment order against the Plaintiff that “the Plaintiff shall pay the Defendant 18,175,000 won and the amount calculated by the rate of 20% per annum from the day after the original copy of the payment order was served to the day of complete payment,” and the above payment order was finalized around that time.

(hereinafter referred to as the payment order in this case).

On July 9, 2014, the Defendant received a provisional attachment order (Seoul District Court 2014Kadan4961) against the Plaintiff’s aircraft on June 12, 2015, based on the instant payment order, and received a decision of compulsory commencement of auction on June 12, 2015, and January 2, 2015, respectively. On May 19, 2015, the Defendant applied for an aircraft delivery order and withdrawn the order on May 19, 2015, and the execution expenses incurred in this process are KRW 727,341 in total.

Expenses for which a subsequent refund may be made after prepayment at the executing court shall be excluded.

(1) Provisional seizure: 65,580 won. (2) An order to deliver an aircraft: 395,200 won. (3) An order to deliver an aircraft: 47,880 won.

C. On July 15, 2015, the Plaintiff deposited KRW 18,175,00 for principal, ② damages for delay calculated at the rate of 20% from July 29, 2014 to July 15, 2015, which was the day following the day on which the original copy of the instant payment order was served with respect to the said principal, and KRW 3,505,534 for delay payment calculated at the rate of 20% per annum from July 29, 2014 to July 15, 2015, ③ expenses for demand procedure ③ KRW 87,480 for demand procedure, and KRW 21,768,014 for total, and around that time, the Defendant expressed its intention of reservation and received it.

[Reasons for Recognition] No dispute exists, Gap 1-1, 1-2, 2, 5-1, 5-2, and 6-3, the purport of the whole pleadings

2. Where the judgment on the cause of the claim is valid, the provision of the full repayment of the obligation and the deposit of the full amount of the obligation shall be required, and the deposit of part which is not the full amount of the obligation shall also be effective as to that part.

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