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(영문) 의정부지방법원포천시법원 2020.11.19 2020가단559

청구이의

Text

1. The Defendant’s District Court of Macheon-si, the District Court of Macheon-si, January 6, 2020 (2019 Ghana792), the construction cost, etc. against the Plaintiff.

Reasons

As a result of the Defendant’s filing a lawsuit against the Plaintiff for the payment of the construction cost, etc. under the Macheon District Court Decision 2019Gaga7992, the fact that the Plaintiff deposited KRW 13,246,037, in addition to the amount of the debt stipulated in the above decision of performance recommendation as the Maga-3466 on June 9, 2020 for the Defendant, when the Defendant commenced compulsory execution against the Plaintiff on the basis of the order, the fact that the Plaintiff was fully repaid the Plaintiff’s obligation in accordance with the above decision of performance recommendation is not clearly disputed by the Defendant in pleading, and thus, it is deemed that the Defendant led to the confession.

Therefore, the plaintiff's claim of this case seeking the exclusion of the executory power of the above decision on performance recommendation is decided as per Disposition with merit.