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(영문) 광주지방법원순천지원고흥군법원 2015.08.19 2015가단51
청구이의
Text

1. The Defendant’s damages claim against the Plaintiff in Gwangju District Court Decision 2014Gau2269, Cheongcheon-gun Court of the High Court of Gwangju District.

Reasons

1. Indication of claim;

A. On January 5, 2015, the Defendant filed a lawsuit against the Plaintiff for damages by the High Military Court of Gwangju District, 2014Gau2269, which was established between the Plaintiff and the Defendant.

B. C filed a lawsuit claiming damages against the Defendant by the High Court of Gwangju District, 2015Gau437, which was rendered a judgment in favor of the Defendant (the judgment became final and conclusive after the above judgment). On May 8, 2015, the Plaintiff was transferred the entire claim based on the judgment No. 2015Gau437, and C notified the Defendant of the assignment of the claim on May 12, 2015.

C. Since the Plaintiff has a claim based on the above judgment No. 2015Gada437 against the Defendant as the assignee-payment claim, it is intended to set off the claim against the Plaintiff as the automatic claim against the Defendant on an equal amount with the claim based on the above case No. 2014Gada2269, which the Defendant had against the Plaintiff.

Therefore, compulsory execution based on the protocol of conciliation in the case of damages claim 2014Gapo2269 against the defendant against the plaintiff by the Gwangju District Court of Gwangju District Court 2014Gapo District Court 2014.

2. Judgment on deemed confessions of applicable provisions of Acts (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act);

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