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(영문) 전주지방법원군산지원 2016.08.26 2016가단50783
청구이의
Text

1. Compulsory execution based on this Court Decision 2014Kadan1527 against the Plaintiff by the Defendant against the Plaintiff is from the Plaintiff B.

Reasons

1. Facts of recognition;

A. The Plaintiff is the deceased’s children of the deceased B (the deceased on July 13, 2014, hereinafter “the deceased”). The Defendant, after purchasing packaging machines from the deceased, claimed to return KRW 41,00,000, which was already paid to the deceased on account of the defect in the packaging machines.

B. On February 11, 2014, the Defendant filed a lawsuit against the Deceased, seeking KRW 41,000,000, and damages for delay, etc., from this court’s 2014da1527.

C. On October 8, 2014, the Defendant, with knowledge of the deceased’s death during the said lawsuit, filed an application to resume the lawsuit against the deceased’s heir, including the Plaintiff (hereinafter “heir, including the Plaintiff”), and accordingly, the heir, including the Plaintiff, received a notice of the date of pleading related thereto on December 10, 2014.

(B) The Plaintiff: (a) the subsequent documents have not been served on the part of the Plaintiff; (b) the documents have been served on the part of the Plaintiff.

A. Defendant C is 5% per annum for KRW 17,571,428 and for KRW 15,000 among them, from November 21, 2013; for KRW 2,571,428, the remainder of KRW 2,578, the amount per annum from December 28, 2013 to the date of full payment;

B. Defendant A and D shall pay 11,714,286 won each of them and 10,000,000 won each of them, with 5% interest per annum from November 21, 2013 to the date of full payment, and from December 28, 2013 to the date of full payment, 1,714,286 won each of them.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit shall be borne by the Defendants.

4. Paragraph 1 can be provisionally executed.

The Court rendered a judgment on March 27, 2015 in the foregoing case, and the content thereof was as follows (which is to indicate the text of the instant case as it is), and the said judgment was finalized on May 7, 2015.

(hereinafter referred to as the “instant judgment”). E.

Meanwhile, on October 30, 2014, the heir, including the Plaintiff, etc., shall be deemed as “no positive property: small property: 123,721,246 won against the Korea Technology Finance Corporation.”

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