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1. The defendant's claim for collection against the plaintiff was made by the Suwon District Court 2018Gaso 218050.
Reasons
1. Facts of recognition;
A. The Defendant filed a lawsuit against C with the Incheon District Court 2017 Ghana90540, and the conciliation was concluded between the Defendant and C to the effect that “C shall pay KRW 15 million to the Defendant in 15 installments each month from June 2018 to August 2019.”
B. Based on the original copy of the conciliation protocol concerning the instant case, the Defendant requested the Suwon District Court 2018TT to order the seizure and collection of the claim against the Plaintiff as to the wage claim. On September 6, 2018, the said court rendered a decision on September 6, 2018 regarding the seizure and collection order (hereinafter “instant collection order”).
C. On November 5, 2018, the Defendant filed a lawsuit against the Plaintiff for collection amounting to the Suwon District Court 2018Gaso218050, based on the determination on the above seizure and collection order, and the said court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) to the effect that “the Plaintiff shall pay to the Defendant KRW 17,402,473 and damages for delay thereof,” and the decision on performance recommendation of this case became final and conclusive around that time.
Based on the decision of performance recommendation of this case, the Defendant filed an application for the collection order of the Plaintiff’s deposit claims against the Plaintiff’s D Association and E Co., Ltd. for the seizure and collection order of each of the deposit claims against the Plaintiff’s D Association and E Co., Ltd. on December 10, 2018, and the said court rendered a decision on the seizure and collection order of the same purport.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 6 plaintiff 1's correction of March 14, 2019, Eul evidence 1, and the purport of the whole pleadings
2. Summary of and judgment on the party's assertion
A. The summary of the party's assertion is that C is not the plaintiff's employee, and there is no wage claim subject to the collection order of this case or the decision of performance recommendation, so compulsory execution based on the decision of performance recommendation of this case shall be dismissed.