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(영문) 인천지방법원부천지원 2019.08.22 2019가단12567
청구이의
Text

1. The Defendant’s payment order for the loan claim against the Plaintiff was issued in Incheon District Court Decision 2017j146.

Reasons

1. Facts of recognition;

A. On January 24, 2017, the Defendant filed an application with the Plaintiff for a payment order claiming the payment of loans with Busan District Court Branch Branch 2017 tea146, and the Defendant asserted that “the Defendant was served on the Plaintiff at the rate of KRW 24,438,00 on November 2, 2004, KRW 304, KRW 116 on July 23, 2007, KRW 200,000 on July 10, 2007, KRW 50,000 on December 31, 2007, KRW 50,000,000 on February 5, 2008, KRW 23,6530, KRW 630 on August 7, 2009, KRW 750 on August 7, 200, KRW 1057, KRW 20515, May 7, 2015.”

3) On February 2, 2017, the Plaintiff was notified of the instant payment order, and the instant payment order became final and conclusive on February 17, 2017, because it did not raise an objection within two weeks after being notified of the instant payment order. B. The Defendant, upon the instant payment order, collected the amount claimed under the instant payment order as KRW 177,69,683 on April 9, 2018, with the amount claimed as KRW 177,69,683, and the Plaintiff received the attachment and collection order of claims against C Housing Redevelopment Project Association, and the Defendant, on September 13, 2018, collected KRW 2,076,918,94,797,927, the sum of KRW 15,000,000 on November 15, 2018, and KRW 36,065,797,927,000,000,0000.

2) On October 6, 2018, KRW 41,365,768 was remitted from the deposit account in the name of E on October 6, 2018 to the deposit account in the name of F, the Plaintiff’s child. [The fact that there is no dispute over the grounds for recognition, and the entries in Gap’s 1, 3, and 5, Gap’s 4, and 6-1, 2, Eul’s 2, 3, 4, and 6, and the purport of the entire pleadings

2. Determination

A. Evidence Nos. 7, 10, 12, which was incurred prior to the validity of the instant payment order and the instant loan certificate, and evidence No. 7, 10, 12

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