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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 as to the cause of claim
A. 1) The defendant is running a business with the trade name of "C", etc. located in the former North Korea's Republic of Korea's Republic of Korea's North Korea's Republic of Korea's Republic of Korea's Republic of Korea's Republic of Korea
() On January 6, 2011, the Plaintiff was supplied with LPG gas. As of January 6, 201, the LPG gas was 46,796,399 won for credit payment claims against the Defendant of Jeonju High Court. (2) The Plaintiff filed a lawsuit against Jeonju High Court against Jeonju High Court on April 5, 201 against which the Plaintiff sought compensation for damages equivalent to the market price of the gas container that was not refunded from Jeonju High Court, even though the Plaintiff leased the unpaid service charges and the gas container that was not refunded from Jeonju High Court, and on October 20, 201, the judgment became final and conclusive on April 5, 2011, the judgment of Jeonju High Court rendered that the Plaintiff paid 41,122,250 won to the Plaintiff and the amount equivalent to 20% per annum from October 20, 2010 to the date of full payment.
3) Accordingly, based on the foregoing final judgment with executory power on August 4, 2011, the Plaintiff’s claim amounting to KRW 47,507,662 regarding the above credit payment claim against the Defendant by Jeonju District Court Decision 2011 Tazari8763, Jeonju High Court, based on the foregoing final judgment with executory power (hereinafter “instant collection order”).
the same month.
9. The collection order of this case was served on the Defendant.
【In the absence of a dispute over the grounds for recognition, significant facts in this court, Gap evidence 1, 2, Eul evidence 1, and 4-1, the purport of the whole pleadings
B. According to the above facts of the judgment, the defendant is liable to pay the above credit payment amount of KRW 46,796,399 to the plaintiff as the collection obligee, unless there are special circumstances.
The part of the judgment below is justified. It is so decided as per Disposition by the assent of all participating Justices on the bench.