(영문) 인천지방법원부천지원 2019.12.05 2019가단27132

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(영문) 인천지방법원부천지원 2019.12.05 2019가단27132

청구이의

Text

1. The plaintiff's claim is dismissed.

2. On October 1, 2019 with respect to cases of application for suspension of compulsory execution by this Court.

Reasons

1. Facts of recognition;

A. On February 25, 2016, the Plaintiff filed a lawsuit against the Defendant for the claim for the agreed amount under the Incheon District Court Branch Decision 2016Kadan3852, but was ordered to withdraw on September 6, 2016 (hereinafter “instant first lawsuit”).

(2) On December 12, 2016, the Defendant filed a final decision against the Plaintiff on December 12, 2016, with the Incheon District Court Branch Branch Decision 2016Kao1315, which rendered a final decision on March 15, 2017 to the effect that “The Plaintiff’s reimbursement to the Defendant is KRW 2,631,730,00,000, the amount of litigation costs that the Plaintiff is obligated to reimburse to the Defendant” (hereinafter “final decision on the amount of litigation costs of this case”).

The above decision was finalized on May 5, 2017.

B. On July 27, 2017, the Plaintiff filed a lawsuit against the Defendant for the payment of the agreed amount under the Incheon District Court Branch Decision 2017Da110122, and the said court rendered a judgment dismissing the Plaintiff’s claim on July 3, 2018. (2) Accordingly, the Plaintiff appealed as Incheon District Court Decision 2018Na61867, and the appellate court rendered a final judgment on March 29, 2019, on the ground that “the Defendant shall pay KRW 16 million to the Plaintiff by June 30, 2019, and this shall be deemed as substitute for the payment of the agreed amount of the portion other than the construction work” D Railroad “The Defendant waives the remainder of the agreed amount, and the payment of the agreed amount to the Plaintiff according to the degree of payment of the agreed amount, and the total expenses and expenses for the payment of the lawsuit shall be borne by each of the parties” (hereinafter “instant decision in lieu of the instant adjustment”).

(hereinafter referred to as "the ground for recognition") / [the grounds for recognition] / The facts of no dispute, Gap evidence 1 to 3, Eul evidence 1 and 2, and the purport of the whole pleadings.

2. The defendant's assertion during the appellate trial conciliation of the second preceding lawsuit of this case is the plaintiff.

유사 판례

-서울중앙지방법원 2016.06.10 2016가단14438

-대전지방법원 2019.10.02 2019가단8662

-대전지방법원 2020.01.09 2019나4142

-수원지방법원 2020.08.27 2020나62532

-대전지방법원 2021.03.09 2020가단101239