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(영문) 전주지방법원 2015.12.04 2015가합2132 (1)

청구이의

Text

1. This Court decides to suspend compulsory execution on April 2, 2015 with respect to the case of applying for the suspension of compulsory execution of 2015 Chicago100.

Reasons

On April 2, 2015, this Court rendered a ruling that compulsory execution based on the original copy of the judgment with executory power of the case of unjust enrichment 2009Kahap2674, which the Plaintiff filed against the Defendant on April 2, 2015, on the condition that the Plaintiff deposit 100,000,000 won as security on behalf of the Defendant (hereinafter referred to as “decision to suspend compulsory execution of this case”) was suspended until the pronouncement of the judgment of this Court. As to this case, on November 27, 2015, the court rendered a judgment in favor of the Plaintiff on the ground that the Plaintiff deposited the Defendant with repayment of the obligation based on unjust enrichment 2009Kahap2674 and the obligation based on the above judgment was extinguished.

According to the above facts, it is reasonable to view that the plaintiff does not need to deposit KRW 100,000,000 as security for the defendant in the decision of the suspension of compulsory execution of this case. Therefore, the order of the decision of the suspension of compulsory execution of this case as stated in paragraph (1) of this Article is modified

In addition, the court's decision on November 27, 2015 with respect to this case omitted the authorization, alteration, or revocation of the decision of the suspension of compulsory execution as a provisional disposition. Thus, it is so decided as per Disposition in accordance with Article 212 (1) of the Civil Procedure Act.