logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.18 2017가단43267
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on the payment order in the Incheon District Court Decision 2016 tea4805.

Reasons

1. Facts of recognition;

A. On July 15, 2016, the Plaintiff filed an application with the Incheon District Court for a payment order against the Plaintiff for the purchase of goods in the case of the purchase of goods, and the said court issued a payment order (hereinafter “instant payment order”) with the purport that “The Plaintiff shall pay 13,739,900 won to Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad 15% interest per annum from the day following the service of the original copy of the payment order to the date of full payment (hereinafter “the instant payment order”). The said payment order was served on the Plaintiff on July 19, 2016 and finalized on August 3, 2016.

B. At the time of July 19, 2016, the Plaintiff’s obligation to pay for the goods against the London was KRW 13,739,900.

Afterward, the Plaintiff repaid to Madrid the sum of KRW 3,00,000,000 on July 30, 2016, KRW 1,000,000 on September 2, 2016, KRW 1,000 on or around December 9, 2016, and KRW 1,000,000 on or around December 9, 2016, and the said repayment was appropriated for the principal of the goods payment obligation stated in the instant payment order.

C. On August 18, 2017, was decided to commence rehabilitation procedures in Incheon District Court 2017 Gohap14, and the Defendant became the custodian.

Around November 2017, the Defendant was granted the succeeding execution clause for compulsory execution based on the instant payment order.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, Eul Nos. 1, 2, and 3 (including branch numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, since KRW 3,00,00 out of KRW 13,739,90,00, which is the price debt of the goods entered in the payment order of this case, has expired due to the Plaintiff’s repayment, enforcement based on the payment order of this case against the Defendant against the Plaintiff shall be dismissed only for the portion exceeding “10,739,900 won (=13,739,900 won - 3,000,000 won) and the amount calculated at the rate of 15% per annum from July 20, 2016 to the day of full payment, which is the next day of delivery of the original copy of the payment order.”

B. The plaintiff is on the payment order of this case.

arrow