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(영문) 청주지방법원 2016.04.06 2015가단14440
청구이의
Text

1. The defendant's order of performance recommendation is based on the original decision of performance recommendation with executory power of Cheongju District Court 2005 Ghana70827 against the plaintiff.

Reasons

In light of the facts stated in Gap evidence Nos. 1 through 4 and the purport of the entire pleadings in the testimony of the witness D, the decision of performance recommendation was made with the purport that "the defendant shall pay 13,000,000 won and 20% interest per annum from the day after the day when the copy of the complaint of this case was served to the deceased E to the day after the completion of payment," the plaintiff shall be the heir of the deceased E, while the deceased shall not be found to have been paid the credit of the above performance recommendation decision of November 30, 2005 and the fact that the plaintiff shall not be found to have violated the fact that the plaintiff shall be ordered to clarify the leased building to the plaintiff on October 12, 2005."

According to the above facts of recognition, the Plaintiff’s debt based on the decision on performance recommendation was fully repaid and extinguished.

Therefore, compulsory execution due to the above decision on performance recommendation shall not be permitted.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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