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(영문) 의정부지방법원 2020.05.14 2019나206453
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the submission or addition as follows. Thus, this case is quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The following is added to the third part of the judgment of the court of first instance, the third part of the judgment of the court of first instance, and the third part of the judgment of the court of first instance “2. Plaintiff’s assertion” in the 19th part “3. Plaintiff’s assertion”; the fourth part “3. Judgment” in the 5th part of the judgment of the court of first instance “4. Judgment”; and the 6th part “4. Conclusion” in the 4th part “5. Conclusion”.

“2. The Defendant’s defense prior to the merits of the instant case, although the Plaintiff did not pay the collection amount to G, submitted a false receipt to the court, and thus, the instant lawsuit was unlawful because it did not meet the requirements of lawsuit as a litigation fraud. However, the evidence alone submitted by the Defendant is insufficient to acknowledge that the instant lawsuit is unlawful as a defect in the requirements of lawsuit, and there is no other evidence to acknowledge this otherwise, the Defendant’s defense cannot be accepted.”

Part 4. The following shall be added to Part 10 below:

Although it is insufficient to recognize the payment of the Plaintiff’s above collection amount based on the collection order of this case only with the evidence submitted by the Plaintiff, according to the evidence evidence Nos. 14 and 15 of this case, it is recognized that the Plaintiff was assigned the claim for management expenses in the Jungyang Branch of the District Court 2016Kadan81464 on March 30, 2018 on the condition that the payment of the Plaintiff’s collection amount becomes null and void as of March 30, 2018 from G limited liability company (the Plaintiff’s change of H stock company and establishment of October 28, 2019). As above, it is acknowledged that the Plaintiff was assigned the claim for the management expenses in the Jungyang Branch of the District Court 2016Kadan81464 on the condition that the Defendant who acquired the claim for the judgment amount against the Plaintiff is an automatic claim.

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