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(영문) 인천지방법원 부천지원 2018.03.21 2017가단13955
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff by the Incheon District Court Branch Decision 2009 Ghana36162.

Reasons

1. Indication of claim;

A. On August 7, 2009, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the loan amounting to 2 million won and received the judgment in favor of the Plaintiff at this court 2009Da36162, and the said judgment became final and conclusive around that time.

B. After October 2013, the Plaintiff agreed to pay 2 million won to the Defendant and repay all debts.

C. Nevertheless, around June 2017, the Defendant received a dividend of KRW 1,110,000 by compulsory execution against corporeal movables owned by the Plaintiff.

Accordingly, 1,10,00 won is claimed to exclude the executory power of the above judgment and to pay 1,110,000 won in unjust enrichment.

2. Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice);

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