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(영문) 인천지방법원부천지원김포시법원 2015.01.21 2014가단172
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff is based on the decision on performance recommendation for wage claim by this Court 2014 Ghana13196.

Reasons

In full view of the purport of the argument in Gap evidence No. 1, the defendant filed a lawsuit for wage claim in the case described in Paragraph 1 of this Article with the plaintiff as the other party, and this Court rendered a decision of performance recommendation that the plaintiff shall pay 5,831,759 won and 20% interest per annum to the defendant from January 26, 2014 to the date of full payment, and it is recognized that the above decision became final and conclusive, and the plaintiff asserted that the defendant has lawfully deposited the amount of the claim under the above performance recommendation decision as 2824 with the defendant as the ground for the claim in this case. As long as the defendant's claim against the plaintiff based on the above performance recommendation decision should be deemed to have been made in full and extinguished, compulsory execution based on the above execution recommendation decision cannot be permitted, and therefore, the plaintiff's claim for exclusion of enforcement force shall be accepted, and the costs of the lawsuit shall be borne by the person who has lost the order and the provisional execution order shall be ordered as per Disposition.

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