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(영문) 수원지방법원 2021.01.26 2020가단20902
청구이의
Text

On March 11, 2020, the judgment of the court below against the plaintiff was based on the payment order of the old prize case of 2595 before the 2020th 20th 20.

Reasons

1. Facts of recognition;

A. The Defendant filed an application against the Plaintiff for a payment order seeking reimbursement of reimbursement with Suwon District Court No. 2020, 2595, and the above court issued the payment order (hereinafter “instant payment order”) on March 11, 2020, stating that “The Plaintiff shall pay to the Defendant the amount of KRW 150,000,000 and the amount calculated at the rate of 5% per annum from July 30, 2019 to the service date of the original copy of the payment order, and 12% per annum from the following to the date of complete payment” (hereinafter “instant payment order”).

The instant payment order was finalized on March 31, 2020.

B. 1) On the basis of the instant payment order, the Defendant filed a compulsory request for auction of real estate B to Suwon District Court D with respect to the housing unit B in Suwon-gu, Suwon-si, Suwon-si, the Plaintiff owned, and the said court decided to commence auction on April 23, 2020.

2) In the above auction procedure, E reported the highest purchase on October 29, 2020, and the highest price was decided by the above court on November 5, 2020.

(c)

On November 3, 2020, the Plaintiff repaid the Defendant the total amount of KRW 169,69,693,660, including the principal and delayed amount of indemnity, the costs of lawsuit, and auction costs based on the instant payment order.

[Ground of recognition] Unsatisfy, substantial facts in this court, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, since all obligations based on the payment order of this case against the plaintiff against the defendant were extinguished, compulsory execution based on the payment order of this case shall be dismissed.

3. The plaintiff's claim is reasonable and acceptable, and Article 99 of the Civil Procedure Act shall apply to the burden of litigation costs (Article 93 (2) of the Civil Procedure Act shall apply to the case where the plaintiff withdraws his/her request for auction after the bid offer is made under Article 93 (2) of the Civil Procedure Act, the highest bidder's consent shall be obtained.

According to the above facts, the Plaintiff’s obligation and auction expenses with the payment order of this case after the highest bidder’s bidding price.

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