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(영문) 부산고등법원 2021.01.20 2020나55209
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance that accepted the judgment is as stated in the reasoning of the judgment of the court of first instance, except when the judgment is used or added as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the 7th page 6 of the judgment of the court of first instance, the part written by the defendant is "for this, the defendant" as "for this, the plaintiff."

3. Additional determination

A. The Plaintiff’s alternative act obligation ordered in the instant provisional disposition order was imposed only on the Defendant or the Defendant’s agent at the instant promotion committee’s office for business hours (from February 7, 2019 to 18:00) during 30 days from February 7, 2019. The Defendant did not request the Plaintiff, etc. to provide materials except for the Plaintiff’s visit to the instant promotion committee’s office on February 7, 2019, and the Plaintiff was prepared to perform the obligation in accordance with the instant provisional disposition order from February 8, 2019 to the instant promotion committee’s office.

Therefore, from February 8, 2019, the Plaintiff only once committed an act violating the instant provisional disposition order, and did not violate the incidental act’s obligation, or fulfilled the obligation.

B. In full view of the following circumstances revealed by comprehensively taking account of the respective descriptions and changes in Gap evidence Nos. 1 through 3, 6, Eul evidence Nos. 1 through 3, and Eul evidence Nos. 5 through 9 and the purport of the whole theory, it is recognized that the plaintiff fulfilled his/her duty to peruse and copy union data (30 business hours a day) during the period of implementation of the obligation ordered in the decision of provisional disposition of this case, and thus, the plaintiff's indirect compulsory payment liability is recognized.

(1) In principle, an application for indirect compulsory enforcement shall be filed separately after the original source of execution is established, but in order to guarantee effective execution of the provisional disposition order ordering an alternative obligation, the debtor shall voluntarily perform his/her obligation notwithstanding the provisional disposition order.

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