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(영문) 창원지방법원마산지원 2020.06.02 2019가단108131
전부금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The plaintiff (creditor) is the title of execution of the judgment of the Changwon District Court 2016Kadan6814 against C (debtor) and against C (third obligor) the Changwon District Court 2019 Ma2972 (2019Kadan7252) against C (debtor) on August 19, 2019, with respect to claims (e.g., seizure and total claims) based on the conciliation protocol as of August 27, 2019, the Changwon District Court 2019 TaT6098, which was ordered by the original District Court 2019Mo6098 on August 27, 2019, and then requested the defendant to perform the obligations under the above conciliation protocol.

On the other hand, the plaintiff, as a successor after the closing of argument in the above conciliation case according to the above assignment order, can only enforce compulsory execution according to the above conciliation protocol against the defendant in the above conciliation case as a successor after the closing of argument in the above conciliation case. On the other hand, the plaintiff's seeking the performance of obligation pursuant to the above conciliation protocol against the defendant in the lawsuit in this case does not recognize the benefit of lawsuit

Therefore, the instant lawsuit is dismissed as it is unlawful.

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