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(영문) 부산지방법원 2021.01.20 2020가단11847
청구이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. In Busan District Court Decision 2009 Ghana 260630, the Plaintiff paid KRW 3,000,000 to the Defendant until February 28, 2010, which the Defendant filed against the Plaintiff.

If the plaintiff fails to pay the above amount by the payment date, the amount of damages for delay calculated by adding a rate of 20% per annum from the day following the payment date to the day of full payment.

On January 25, 2010, the decision to recommend the settlement (hereinafter “decision to recommend the settlement of this case”) was finalized.

B. Since then, the defendant filed a lawsuit against the plaintiff for extension of the prescription period against the claim under the ruling on the recommendation for reconciliation of this case by Busan District Court Decision 2019 A, 59620, and the above court rendered a ruling on January 15, 2020 that "the plaintiff shall pay to the defendant the amount calculated at the rate of 20% per annum from March 1, 2010 to the date of complete payment" and the above ruling became final and conclusive as it is (hereinafter "the first case"). The above ruling became final and conclusive (hereinafter "the grounds for recognition"), without dispute. It is significant fact in this court, Gap evidence Nos. 2 and 3, and the purport of the whole pleadings.

2. The plaintiff's assertion was made to contact the defendant for the repayment of the obligation under the decision on recommending reconciliation in this case, but the defendant could not intentionally avoid this and repay his obligation, and in the preceding case, the plaintiff lost his obligation due to the failure to receive a written complaint. Therefore, compulsory execution based on the judgment of the prior case against the plaintiff shall not be allowed.

3. We examine the judgment, and the circumstances alleged by the Plaintiff cannot serve as a ground for an objection to block compulsory execution based on the judgment of the preceding case. Thus, the Plaintiff’s claim is without merit.

4. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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