beta
(영문) 인천지방법원 부천지원 김포시법원 2017.02.08 2016가단84

청구이의

Text

1. The part of the lawsuit of this case demanding the suspension of compulsory execution shall be dismissed.

2. The defendant's objection against the plaintiff.

Reasons

1. As to the dismissed portion of the lawsuit, the plaintiff filed a claim for the suspension of compulsory execution based on the decision on performance recommendation as stated in Paragraph (2) of the order until the judgment of this case becomes final and conclusive, but it cannot be claimed as a lawsuit for the suspension of compulsory execution. Therefore, the part of the lawsuit is unlawful. 2. The part of the claim objection

A. According to the evidence No. 3, the defendant filed a lawsuit against the plaintiff for the claim for the price of goods as stated in the Disposition No. 2, and this court's decision of performance recommendation became final and conclusive.

As the cause of the claim of this case, the plaintiff paid 20,910,000 won to the defendant, among which the plaintiff paid 20,910,000 won, and the remaining amount is 3,245,000 won, or 10 million won, which the plaintiff had a claim with a maturity of 3,245,00 won against the defendant, and the defendant asserts that it is set-off on an equal amount with this claim, the defendant shall be deemed to have led to confession. 3. Thus, since the claim for the price of the goods claimed by the defendant in the case as stated in the Disposition No. 2 of this case is all extinguished, the plaintiff's claim of this case seeking the exclusion of compulsory execution based on the decision of execution recommendation of this case is accepted with the reason of the plaintiff's claim for the