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(영문) 서울북부지방법원 2015.03.27 2014가단50620
청구이의
Text

1. The defendant's payment order against the plaintiff was based on the loan payment order of Seoul Northern District Court 2006 tea9461.

Reasons

1. Indication of claim;

A. On June 7, 2006, the Defendant applied for a payment order against the Plaintiff to the effect that “the Plaintiff shall pay 6,500,000 won and 20% interest per annum from June 29, 2006 to the date of complete payment (Seoul Northern District Court 2006 tea9461),” and the above payment order was finalized on July 13, 2006.

B. The Plaintiff from the Defendant.

On March 22, 2013, C acquired claims described in paragraph C entered in the list of creditors, and was granted immunity (Seoul Central District Court 2012:12:36, 2012Hadan11236), and the decision to grant immunity became final and conclusive on April 11, 2013.

C. Therefore, the plaintiff's defendant is the defendant.

Since it is apparent that the obligation stated in the above paragraph has become extinct by immunity, it is sought not to grant compulsory execution based on the above payment order.

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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