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Reasons
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(영문) 부산지방법원 2019.09.10 2019가단4836
청구이의
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1. The defendant's order for payment with executory power in Busan District Court 2019j51 loan claims against the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant did not repay KRW 2,00,000 borrowed from the Defendant on December 11, 2018. On January 28, 2019, the Defendant applied for a payment order for a loan to the Plaintiff. “The Defendant shall pay to the Plaintiff the amount calculated by the rate of KRW 2,00,000 per annum from February 19, 2019 to the date of full payment.” The payment order issued on February 13, 2019 (the Busan District Court Decision 2019 tea51; hereinafter “instant payment order”) was finalized as is March 5, 2019.

B. On March 18, 2019, the Plaintiff deposited KRW 2,265,060, total of KRW 85,000 and interest thereon, and KRW 180,060 for demand procedure expenses.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, 5, Eul evidence Nos. 1, 2, 5, and 12, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, as of March 18, 2019, the obligation to pay the principal and interest amounting to KRW 2,023,013 on the instant payment order as of March 18, 201 (i.e., interest calculated at the rate of 15% per annum from February 19, 2019 to March 18, 2019) and the obligation to pay the expenses for demand procedures was extinguished due to the Plaintiff’s payment deposit as of March 18, 2019.

Unless there are other special circumstances, compulsory execution based on the original copy of the payment order of this case shall not be permitted.

B. As to the Defendant’s assertion, the Defendant asserts that the expenses incurred by the Defendant should be reimbursed.

Expenses incurred in compulsory execution under Article 53(1) of the Civil Execution Act shall be borne by the debtor and reimbursed preferentially in the course of the execution. The expenses incurred in such execution shall be based on the relevant executive titles, which serve as the basis for the execution without any separate executive titles, and may be collected together with the claims indicated in the executive titles in the relevant compulsory execution procedures. Therefore, in a case of objection, even if the original obligation indicated in the executive titles has become extinct by repayment or deposit, the debtor shall compensate for such expenses

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