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(영문) 서울서부지방법원 2017.01.12 2016가단232729

청구이의

Text

1. The plaintiff's claim is dismissed.

2. On June 2016, 2016, this Court rendered an application for the suspension of compulsory execution.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion that the Defendant sold 11,727,00 won to the Plaintiff. The Defendant filed a lawsuit against the Plaintiff for the claim for the payment of goods at the Seoul Western District Court 2006Gaso10527, Seoul Western District Court. Upon the final decision of performance recommendation, the Defendant filed an application for compulsory execution against the Plaintiff’s real estate owned by the Plaintiff.

However, since the defendant sold to the plaintiff, not the plaintiff's husband, but the plaintiff's husband, the plaintiff did not have a duty to pay the mother fee to the defendant. Furthermore, the defendant filed a complaint with C around 2009 and received the amount of 5,000,000 won and completed a written withdrawal of the complaint to settle all civil and criminal legal disputes. The execution based on the decision of performance recommendation should be dismissed.

B. The defendant's assertion that the defendant supplied the defendant with a trade name "D" from January 2003 to May 2000, with a maternity equivalent to KRW 11,727,00. Thus, the plaintiff is obligated to pay the above maternity to the defendant.

2. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1, 3, 6, 8 and Eul evidence Nos. 1 through 5 (including branch numbers), the plaintiff sold the so-called "D" trade name from February 2, 2001 to January 1, 2003; Eul, the husband of the plaintiff, completed business registration as of April 9, 2003 and sold the hair; the defendant filed a lawsuit against the plaintiff on Jan. 2, 2003 to May 28, 2003 at 123ma, 5,700,000 won, and the plaintiff did not pay 11,727,000 won to the plaintiff and the defendant's claim against the plaintiff on June 26, 2006.