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(영문) 수원지방법원성남지원 2019.01.15 2018가단226953
집행문 부여의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The defendant shall pay to the plaintiff KRW 4,008,290.

Reasons

1. Basic facts

A. On January 25, 2017, the Plaintiff filed a lawsuit against the Defendant at the Sungwon District Court Branch 2016Gau27910, and was sentenced to the following judgment (hereinafter “instant judgment”).

Notes

1. The defendant shall pay to the plaintiff 4,008,290 won with 5% interest per annum from November 23, 2016 to January 25, 2017, and 15% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the litigation costs, 70% is assessed against the Plaintiff, and the remainder is assessed against the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

B. On January 18, 2018, in the Suwon District Court case No. 2017Na55732, the decision of recommending reconciliation (hereinafter “the decision of recommending reconciliation in this case”) that the Plaintiff appealed and continues to file the said decision became final and conclusive as follows.

Decisions

1. The Defendant shall pay the Plaintiff KRW 4,00,000 by January 31, 2018. If the Defendant fails to pay the above amount by the payment date, the Defendant shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the day following the payment date to the day of full payment.

2. The plaintiff waives the remaining claims.

3. The total costs of the lawsuit shall be borne individually by each party.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff requested to grant the execution clause against the judgment of this case.

Murder, compulsory execution shall be based on the final judgment which has become final and conclusive, or on the final judgment with declaration of provisional execution.

(Article 24 of the Civil Execution Act). According to the above facts, the judgment of this case is not a final judgment which became final and conclusive, and the above judgment was also invalidated due to the final and conclusive decision of recommending reconciliation of this case.

I would like to say.

Therefore, the execution clause against the judgment of this case shall be granted.

Even if it is obvious that compulsory execution cannot be carried out, there is no benefit in the lawsuit.

As such, this is applicable.

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