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(영문) 수원지방법원여주지원양평군법원 2019.09.26 2019가단10028
청구이의
Text

1. On January 24, 2019, Suwon District Court Decision 2018DaDa11493 decided against the Defendant’s Plaintiff.

Reasons

1. Indication of claim;

A. The Defendant filed a claim for damages against the Plaintiff (U.S. District Court Decision 2018Gang-gun, Seoul High Court Decision 201493) and rendered a judgment that “the Defendant shall pay to the Plaintiff 2,697,840 won and interest calculated at the rate of 15% per annum from November 10, 2018 to the date of full payment”.

B. On January 30, 2019, the Plaintiff repaid 2,788,763 won, including the principal under the above judgment and the damages for delay from November 10, 2018 to January 30, 2019, to the Defendant.

C. If so, the Plaintiff’s obligation based on the above judgment against the Defendant was extinguished by the Plaintiff’s repayment as above.

Since compulsory execution based on the above judgment should not be allowed.

2. Article 208 (3) 2 of the Civil Procedure Act, the main sentence of Article 150 (3) and Article 150 (1) of the applicable Act (a judgment made by deeming the applicant to be a foreigner);

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