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(영문) 서울북부지방법원 2018.04.24 2017가단125372
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff B based on the decision on performance recommendation for the instant case, such as wages, etc. in this Court 2014 Ghana 14789.

Reasons

The grounds for the plaintiffs' claims are as shown in the attached Form "the grounds for the claims."

Plaintiff

A asserts that compulsory execution based on the written judgment stated in the purport of the claim is an abuse of rights because it is obvious that compulsory execution is against justice. However, the evidence submitted by the above plaintiff alone is insufficient to recognize it and there is no other evidence to recognize it. Therefore, the above

Plaintiff

B In the case of B, the decision of performance recommendation does not take effect even after the final and conclusive decision has become final and conclusive, and thus, the restriction is not applied to the lawsuit of demurrer pursuant to the time limit of res judicata (Article 5-8(3) of the Trial of Small Claims Act). In the case of a lawsuit of demurrer, the determination of performance recommendation may be deliberated and judged on all the claims indicated in the decision of performance recommendation. In this case, the burden of proof on the existence or establishment of the claim is the defendant in the lawsuit of objection.

However, the evidence submitted by the defendant alone is insufficient to recognize that the plaintiff B is a joint business owner or a joint business manager, and there is no other evidence to acknowledge it.

Therefore, the plaintiff B's claim is accepted on the grounds of its merit, and the plaintiff A's claim is dismissed on the grounds of its merit. It is so decided as per Disposition.

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