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1. The Defendant’s payment order for the Defendant’s loans to the Youngcheon District Court, Youngcheon Branch Court, Young-gun Branch Court, 2017 tea54.
Reasons
1. Basic facts
A. On June 8, 2017, the Defendant filed an application with the Plaintiff for a payment order claiming payment of loans with the Youngcheon District Court Young-gun Branch Court 2017Ra54, the Defendant issued an order to the Plaintiff to pay 50 million won and 15% interest per annum from the day following the delivery of the payment order to the day of complete payment. The above payment order was served on the Plaintiff on June 9, 2017, and became final and conclusive on June 24, 2017.
(hereinafter “instant payment order”). B.
On October 11, 2017, the Plaintiff paid KRW 40,000,000,000 on December 11, 2017, and KRW 703,952 on January 8, 2018, and KRW 4,00,00,00 on September 12, 2018, respectively, to the Defendant for the repayment of claims under the above payment order.
C. Meanwhile, the Defendant applied for a compulsory auction on real estate owned by the Plaintiff with the title of execution of the instant payment order and started the procedure for compulsory auction (hereinafter “instant auction procedure”). In the above procedure, the part of KRW 1,265,419 (registration license tax of KRW 121,680 paid by the Defendant for the auction deposit of KRW 1,027,50,070, which was not executed by the Defendant, will be refunded to the Defendant, and thus, the Defendant’s execution cost is not recognized. Since the portion of KRW 272,570 paid by the Defendant would be refunded to the Defendant, the Defendant’s payment cost for the registration application fee of KRW 6,000, KRW 28,879,000 paid by the Defendant, KRW 259,000, KRW 230,121, which was not executed by the Defendant, is not recognized as the execution cost for the Defendant.
[Reasons for Recognition] Unsatisfy, entry of Gap 2, 3, and 4 evidence, part of Eul 1 (including provisional number), the purport of the whole pleadings
2. The plaintiff asserts that the principal and interest pursuant to the payment order of this case were fully repaid, and sought non-permission of compulsory execution based on the payment order of this case.
The defendant shall bear part of the expenses for the execution of the auction procedure of this case.