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(영문) 서울중앙지방법원 2016.10.27 2016가단90593
청구이의
Text

1. The Defendant’s decision on performance recommendation for the loan case against the Plaintiff is based on Seoul Central District Court Decision 2009 Ghana265183.

Reasons

① The promotional mutual savings bank filed a lawsuit against the Plaintiff as Seoul Central District Court Decision 2009Gaso265183, Jan. 18, 2010 in that case, the Seoul Central District Court issued a decision on performance recommendation (hereinafter referred to as the “decision on performance recommendation of this case”) with the purport that “the Plaintiff shall pay damages for delay at the rate of 20% per annum from the date following the delivery of a copy of the complaint to the promotion mutual savings bank,” and that “the Plaintiff shall pay damages for delay at the rate of 6,284,63 won and 2,727,642 won,” which became final on Jan. 23, 2010; ② the Plaintiff filed an application for adjudication of bankruptcy and exemption with the Daegu District Court Decision 201Hadan6886, 2011, which became final and conclusive on Feb. 5, 2013.

According to the above facts of recognition, since the defendant's claim against the plaintiff against the plaintiff based on the decision of recommendation of execution of this case has lost the executive force with ordinary claims, compulsory execution based on the defendant's decision of recommendation of execution of this case against the plaintiff shall be dismissed.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.

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