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1. Of the instant lawsuit, the Defendant’s District Court Decision 2015 tea923 against the Plaintiff was based on the payment order against the Defendant.
Reasons
1. Basic facts
A. The Defendant, on May 28, 2009, lent to the Plaintiff a total of KRW 16 million, and KRW 13 million on June 8, 2009, with interest rate of KRW 29 million at 24% per annum.
B. On June 1, 2015, the Plaintiff issued a payment order (hereinafter “instant payment order”) with the purport that “the Plaintiff shall pay KRW 29 million to the Defendant and the amount calculated at the rate of 24% per annum from June 9, 2010 to the date of full payment,” and the instant payment order was finalized on June 19, 2015.
C. According to the instant payment order, the Defendant received a seizure and collection order from the Kan Bank Co., Ltd., Ltd., the Plaintiff’s debtor (hereinafter “Korea Bank”), with the amount claimed as KRW 64,33,917 as to the Plaintiff’s deposit claim against the Korea Bank as KRW 64,33,917, and issued a seizure and collection order as the Jan Government District Court 2015TT11655. Accordingly, the Kan Bank deposited KRW 64,33,917 (hereinafter “instant deposit”).
The Defendant received dividends of KRW 64,328,193 in total of KRW 29,94,637 as of March 3, 2016, and KRW 34,33,556 as of July 15, 2016, in relation to the instant district court B and C’s distribution procedure case.
【Ground of recognition】 The fact-finding without any dispute, entry of Gap 1, 2, and 7 evidence, inquiry result of fact-finding with respect to the district court and other executive circles of this court, the purport of the whole pleadings
2. We examine whether the part of the instant lawsuit seeking the non-permission of compulsory execution with respect to KRW 64,328,193 among the instant lawsuit is legitimate, ex officio, as to the part demanding the non-permission of compulsory execution with respect to KRW 64,328,193 among the loan claims based on the instant payment order (hereinafter “instant execution bond”).
Generally, if compulsory execution based on executive titles has been completed as a whole and the creditor has already been satisfied, the objection to the claim is raised.