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(영문) 대구지방법원 2018.03.06 2017가단20903
청구이의
Text

1. The defendant's original copy of the judgment with executory power in the Daegu District Court 2015 Ghana5183 against the plaintiff is based on the original copy of the judgment.

Reasons

1. Basic facts

A. Based on the executory exemplification of the judgment rendered in the Daegu District Court 2015 Ghana5183 (hereinafter “instant judgment”), the Defendant applied for the seizure and collection order of the claim No. 2017TT Branch Branch Branch of the Daegu District Court (Seoul District Court) and received the same decision on April 18, 2017.

B. On April 28, 2017, the Plaintiff agreed to reduce and terminate the debt amount to the Defendant at KRW 5,100,000 between the IM credit information company that was entrusted with debt collection by the Defendant, and accordingly, remitted KRW 5,100,000 to the IM credit information on the same day.

C. The defendant appeared in this court and stated that there is no money to be paid from the plaintiff in relation to the judgment of this case, and that no more compulsory execution would be enforced accordingly.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. On April 28, 2017, after the judgment of this case became final and conclusive, the Plaintiff would be exempted from the full amount of the remaining debt under the condition that the Plaintiff repays KRW 5,100,000, which is a part of the debt under the above judgment, among the debt under the above judgment, between IM credit information companies which are entrusted with debt collection by the Defendant, and accordingly, the Plaintiff paid the full amount of KRW 5,100,000 to IM credit information on April 28, 2017. Accordingly, the Plaintiff’s debt against the Defendant under the judgment of this case shall be deemed to have expired in full by the Plaintiff’s repayment and the Defendant’s exemption. Therefore, compulsory execution based on the judgment of this case against the Plaintiff shall not be allowed.

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

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