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(영문) 수원지방법원안산지원광명시법원 2020.05.14 2020가단10012
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is denied based on the payment order in the damages claim case.

Reasons

1. On June 23, 2019, the first ground for a claim for the Defendant’s payment order (Seoul), the Plaintiff was in contact with the part of the driver’s seat while driving the Defendant’s vehicle (C) and was off colored. On July 27, 2019, the Plaintiff put a strike to prevent the defect in which the latter part of the driver’s seat was to fall. However, the Plaintiff was out of the color of the part of the latter part of the driver’s seat.

2. First of all, there is no evidence to prove that the plaintiff caused the above contact accident, and there is no evidence to prove the plaintiff's liability for the second accident.

3. As seen in the conclusion above, the plaintiff is not liable for damages to the defendant. Thus, compulsory execution based on the payment order as stated in the order accepting the defendant's request for payment order shall be dismissed.

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