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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff’s assertion (1) asserts that, in accordance with the Suwon District Court Decision 2009Gauri153627 decided on the recommendation of performance for loans (hereinafter “instant recommendation”), C transferred the instant judgment claim to the Defendant by asserting that there was a judgment bond amounting to KRW 10 million (the amount equivalent to KRW 25% per annum from March 26, 1998 to the date of full payment; hereinafter “instant judgment bond”) and that the instant judgment bond was transferred to the Defendant.
(2) However, the Plaintiff does not bear any obligation against C.
C The Plaintiff filed a claim with Suwon District Court 2009 Ghana 153627, and was subject to the instant decision on the recommendation of execution, but at the time, the Plaintiff was working in Jeju-do, and the Plaintiff did not accept any document from the court.
(3) After that, C transferred the instant claim to the Defendant. Accordingly, the Defendant obtained an execution clause to succeed to the decision of performance recommendation of this case and subject to compulsory execution against the Plaintiff, but the Plaintiff did not have any obligation to C.
The defendant should prove the existence of the judgment claim of this case.
(4) Ultimately, as the Plaintiff does not bear a reasonable amount of debt against C with respect to the instant judgment amount, compulsory execution against the Plaintiff based on the Defendant’s decision on performance recommendation based on the premise that the instant judgment amount claim exists.
B. Comprehensively taking account of the purport of the argument in the fact-finding inquiry of Gap's evidence Nos. 1 through 4, Eul's evidence Nos. 2 through 5, and the fact-finding inquiry of the Suwon District Court of this Court, Eul filed a lawsuit (U.S. District Court 99Da147104) against the plaintiff and filed it against the plaintiff on Nov. 19, 199, and "A" from the above court on Nov. 19, 199 shall be 10,000,000 won with 25% per annum from March 26, 1998 to the day of complete payment.