Cases
2014dada33 Objection
Plaintiff
A
Defendant
K&C Co., Ltd.
Conclusion of Pleadings
November 14, 2000
Imposition of Judgment
December 12, 2014
Text
1. The defendant's compulsory execution based on the decision of performance recommendation for the acquisition tax claim case No. 2008Gau425 dated January 29, 2008, which was rendered a military court to grant the defendant's support to the plaintiff of Daejeon District Court.
2. This Court approves a ruling of the suspension of compulsory execution made on October 1, 2014 with respect to the case of applying for the suspension of compulsory execution 2014 Chicago10.
3. The costs of lawsuit shall be borne by the defendant.
4. Paragraph 2 can be provisionally executed.
Purport of claim
The same shall apply to the order.
Reasons
1. Facts of recognition;
Busan mutual savings bank filed a lawsuit against the plaintiff as the court 2008Gada425, and this court on January 29, 2008, "the plaintiff shall pay 3,610,000 won to the above savings bank and 20% interest per annum from the day following the delivery date of the copy of the complaint of this case ( February 2, 2008) to the day of complete payment." On February 16, 2008, Busan mutual savings bank decided to recommend performance that "the plaintiff shall pay 3,610,000 won to the above savings bank with 20% interest per annum from the day of the delivery date of the copy of the complaint of this case to the day of complete payment." After the decision of performance recommendation became final and conclusive, the defendant acquired the above bonds from the above savings bank and received the succession execution clause. The plaintiff deposited the above bonds as the defendant on September 30, 2014 with the deposit of the defendant as the principal and the execution expenses, etc., or recognized by the number Gap (including the number No.).
2. Determination
According to the above facts of recognition, since the debts under the above decision of performance recommendation are all extinguished by the deposit of full repayment of the debt amount, compulsory execution based on the above decision of performance recommendation cannot be permitted.
3. Conclusion
Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.
Judges
Judges Park Jong-hee