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(영문) 의정부지방법원남양주시법원 2020.08.13 2019가단276
청구이의 소
Text

1. The defendant's judgment against the plaintiff is 2019 Ghana District Court 2019 Ghana89419.

Reasons

1. Basic facts

A. On November 2, 2017, the Defendant supplied the original unit (hereinafter “the first supply”) to the Plaintiff on November 2, 2017, and filed a lawsuit against the Defendant on KRW 22,169,20 with the payment of KRW 18,70,00,00, the Plaintiff paid the unpaid amount of KRW 3,662,385, and ② on November 3, 2018, the Plaintiff supplied the original unit (hereinafter “the second supply”) to the Plaintiff on KRW 5,669,510, and filed a lawsuit against the Defendant on KRW 9,31,89,895, and against the Defendant on KRW 3,662,385 from March 23, 2018 to December 5, 2017 with the payment of KRW 3,669,510 from the date following the date of the annual payment to December 16, 2017.

B. On November 11, 2019, the instant court rendered a decision on performance recommendation (this Court 2019 Ghana89419, hereinafter “instant decision on performance recommendation”) to the Plaintiff.

The decision on performance recommendation was served on the Plaintiff on December 6, 2019, and the decision was finalized accordingly.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Inasmuch as Article 44(2) of the Civil Execution Act does not apply to a lawsuit of demurrer against a decision on performance recommendation, a party may seek the exclusion of the executory power of a final and conclusive decision on performance recommendation, on the ground that the cause incurred prior to the issuance of a decision on performance

(Article 5-8(3) of the Trial of Small Claims Act. The burden of proof of the grounds for the objection in a lawsuit of demurrer is in accordance with the principle of allocation of the burden of proof in the general civil procedure. Therefore, in a case where the plaintiff asserts that the claim was not established in a lawsuit of demurrer against the final decision of performance recommendation, the plaintiff is liable to prove the fact of the

3. Determination

(a) There is no dispute between the Parties that the unpaid amount of goods is KRW 3,469,290 with respect to the first supply related to the first supply.

B. With respect to the second supply related to the second supply, the Plaintiff shall return to the Defendant due to the defect of the original unit.

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