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(영문) 대구지방법원서부지원 2019.05.30 2018가단12616

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 8, 200, the defendant filed a lawsuit against the plaintiff for the claim for the amount of the bill and sentenced on November 14, 200 to the Daegu District Court Decision 2000Gaso131540, "the plaintiff shall pay 5,00,000 won to the defendant and delay damages therefor" as the Daegu District Court Decision 200Gaso131540 on November 14, 200, and the above judgment was finalized on December 8, 200.

B. On October 5, 2010, the Defendant filed a lawsuit against the Plaintiff for the claim for the payment of the Promissory Notes against the Plaintiff, and received a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) from the Daegu District Court Branch Decision 2010 Ghana64240 on October 12, 2010, to the effect that “the Plaintiff shall pay to the Defendant KRW 5,00,000,000 and delay damages therefrom” (hereinafter “decision on performance recommendation of this case”). The said decision on performance recommendation was finalized on October 28, 2010.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. The summary of the Plaintiff’s assertion is that the decision on the instant recommendations was not served as a lawful place of service, and that the decision on the recommendation was not served on a legitimate person with the authority to receive the recommendations. Therefore, it cannot be deemed that the service became effective.

Therefore, compulsory execution based on the decision of execution recommendation of this case should be rejected.

B. In the event that a final and conclusive decision on performance recommendation has become final, the grounds for the failure or invalidation, etc. that occurred prior to the decision on performance recommendation with respect to the claims that served as the grounds for the relevant decision on performance recommendation may be asserted in the lawsuit of demurrer against the said decision on performance recommendation, and the burden of proof as to the grounds for the objection in the lawsuit of objection shall also be in accordance with the principle

Therefore, when the plaintiff claims that the defendant's claim was not constituted in a lawsuit claiming objection against the final decision of performance recommendation, the occurrence of the right is hindered, such as the plaintiff's claim is liable to prove the fact of the cause of the claim, and the claim is invalid or extinguished as a false declaration of performance.