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(영문) 대전지방법원논산지원 2015.12.17 2015가단3849
청구이의
Text

1. It is based on the payment order issued on August 2, 2013, 2013, for the Defendant’s Plaintiff.

Reasons

1. On August 2, 2013, in the Daejeon District Court case where the claim is indicated and the Plaintiff demanded payment of the purchase price, the said court ordered the Defendant to pay the payment of KRW 10,185,000 with an annual interest of 20% from the day following the delivery of the original copy of the payment order to the day of full payment. The said payment order was served on August 7, 2013, and became final and conclusive on August 22, 2013.

However, on October 19, 2015, the Plaintiff deposited KRW 15,911,739 in total, including 10,185,000 on the above payment order and delay damages and enforcement expenses until October 19, 2015, with the Defendant as the principal deposit, and the Plaintiff deposited KRW 15,91,739 (Seoul District Court Decision 2010Da424 decided Oct. 19, 201), and all obligations arising from the above payment order were extinguished.

Therefore, the enforcement of the above payment order should be excluded.

2. Judgment with no ground for pleading (Article 208 (3) 1 of the Civil Procedure Act);

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