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(영문) 수원지방법원성남지원 2017.07.04 2016가합206112

청구이의

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff was liable to C for the judgment amounting to KRW 121,006,729 in the case of Seoul High Court 2012Na48826, and damages for delay.

(hereinafter “instant judgment” or “instant claim or obligation”). The said judgment was rendered on December 13, 2012, and became final and conclusive on January 5, 2013.

C on March 7, 2013, the claim of this case was transferred to D.

Accordingly, the Court Assistant E granted the succeeding execution clause to D on February 17, 2015.

D on June 29, 2016, a claim for the principal amounting to KRW 50,000,000 and damages for delay was transferred to the Defendant.

Accordingly, on July 25, 2016, the Court Assistant F gave the defendant an execution clause of succession to the assigned portion as above in the judgment of this case.

On September 6, 2016, the Defendant seized home appliances, etc. owned by the Plaintiff based on the execution clause for succession to the above paragraph (c).

(E) On September 17, 2015, when the Plaintiff pays KRW 18,00,000 to D, D agreed not to raise an objection against the obligation of the instant judgment, and accordingly, D terminated the obligation of the instant judgment by paying KRW 18,00,00,000 to the Plaintiff.

The assignment contract between the defendant and D is invalid because it falls under the act of false communication or litigation trust.

The judgment of the court of this case is not sufficient to acknowledge that agreement was reached between the plaintiff and D on the assertion that the obligation of the judgment of this case had already been extinguished, and there is no other evidence to acknowledge this otherwise.

[In particular, there is no signature or seal of D in the letter of agreement submitted by the plaintiff (A No. 3).