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(영문) 대전지방법원 공주지원 2018.03.22 2017가단21205
청구이의
Text

1. The defendant's official residence in Daejeon District Court Decision 2006Kadan6156 decided June 14, 2007 (main office) against the plaintiff.

Reasons

1. Facts of recognition;

A. On June 14, 2007, the defendant filed a lawsuit against the plaintiff for a claim for the purchase price (2006da6156, 2006da677 (Counterclaim)), and the above court rendered a judgment against the plaintiff that "the plaintiff shall pay to the defendant 28,640,190 won and the amount calculated by the rate of 5% per annum from October 20, 2006 to June 14, 2007, and 20% per annum from the next day to the day of complete payment (hereinafter "the judgment of this case")" (hereinafter "the appeal of this case"), which became final and conclusive around that time.

B. B filed a lawsuit against the Defendant for the claim of the cost of processing costs by the Incheon District Court 201Kadan93741. On June 19, 2013, the above court rendered a judgment that “the Defendant shall pay to B the amount of KRW 43,336,234 and the amount calculated by the rate of 5% per annum from July 24, 2010 to October 12, 201, and 20% per annum from the next day to the date of full payment,” and the above judgment became final and conclusive around that time.

C. On June 19, 2017, the Plaintiff: (a) delegated the right to notify the transfer of a claim under the judgment of the Incheon District Court 201Gadan93741 (hereinafter “the claim for the transfer of the claim”); (b) drafted a “notification of the transfer of the claim and the notification of set-off” with the purport that “the notification of the transfer of the claim and the notification of the transfer of the claim shall be set off against the Defendant’s claim on an equal amount (hereinafter “the claim for the transfer of the claim”) based on the judgment of this case against the Plaintiff with the notification of the transfer of the claim and the automatic claim for the transfer of the claim for the transfer of the claim of this case,” and the said notification was served on the Defendant on September 14, 2017 pursuant to the order of service by publication (the Daejeon District Court Gong-

On July 7, 2017, the Daejeon District Court rendered a decision to suspend compulsory execution based on the judgment of this case by July 7, 2017 at the Plaintiff’s request until the pronouncement of this lawsuit.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5.

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