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(영문) 제주지방법원 2019.09.20 2019가단3270
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff based on the payment order from May 30, 2014 to the Jeju District Court 2014.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) issued an order against the Plaintiff to pay the loan amount of KRW 3,815,056 and KRW 3,627,130, which was calculated at the rate of 38.9% per annum from May 29, 2014 to the date of full payment (hereinafter “instant payment order”), and the said payment order became final and conclusive on June 20, 2014.

B. On April 29, 2015, the Defendant acquired the claim against the Plaintiff under the instant payment order from C to the Plaintiff, and thereafter commenced compulsory execution against the Plaintiff’s share of 1/2 of the apartment among the apartment units based on the original copy of the above payment order on May 10, 2018. On April 22, 2019, the Defendant rendered a decision to permit sale to B on April 22, 2019.

C. Accordingly, the Plaintiff provided the Defendant with the principal and interest of the obligation under the instant payment order and the execution expenses, but the Defendant refused to receive the said amount, and deposited KRW 11,328,202 in total with the principal and interest of the obligation up to that time, demand procedure expenses, and enforcement expenses under the Gwangju District Court Decision 4900 in April 24, 2019.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. According to the above facts of recognition, since all of the obligations and enforcement expenses on the instant payment order have ceased to exist due to the above payment deposit, the defendant's compulsory execution based on the above payment order against the plaintiff should be rejected.

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

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