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(영문) 전주지방법원 정읍지원 2018.02.08 2017가단11832
청구이의
Text

1. The Defendant’s construction cost for the equipment repair for the Plaintiff at the Jeonju District Court 201Gahap981, and the same court.

Reasons

1. Basic facts

A. On August 14, 2013, the Jeonju District Court rendered a judgment that “the Plaintiff shall pay KRW 83,659,200 to the Defendant and delay damages therefrom” in the Jeonju District Court Decision 201Gahap981, Jeonju District Court Decision 2013, supra, the said judgment (hereinafter “previous 1 judgment”) became final and conclusive as it is.

B. On September 3, 2014, in Jeonju District Court Decision 2014Gahap36, Jeonju District Court Decision 2014 Decided September 3, 2014, the Plaintiff rendered a judgment stating that “the Plaintiff shall pay KRW 56,447,00 to the Defendant and its delay damages,” and the said judgment (hereinafter “previous 2 judgment”) became final and conclusive.

[Ground of recognition] Evidence Nos. 1-1 and 2, each entry in this Court, significant facts, the purport of the whole pleadings

2. In full view of the purport of the entire pleadings, it is reasonable to view that the Plaintiff’s monetary obligation against the Defendant based on the previous judgment Nos. 2-4 (including branch numbers) was extinguished by the Plaintiff’s deposit, the Defendant’s creditor’s collection execution against the Plaintiff, etc.

Therefore, compulsory execution based on the previous first and second judgments against the plaintiff should be denied as it is illegal.

3. The plaintiff's claim for conclusion is justified and accepted.

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