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(영문) 서울동부지방법원 2018.09.21 2018가단115604
청구이의
Text

1. The defendant's judgment against the plaintiff was based on the Seoul East Eastern District Court Decision 2016Kadan35322.

Reasons

1. Comprehensively taking account of the overall purport of arguments as indicated in Gap evidence Nos. 1 through 9, non-party C filed a lawsuit against the plaintiff, such as the Seoul East Eastern District Court 2016Da35322, Jun. 22, 2017, "the plaintiff of this case shall pay C the amount calculated by the rate of 96,19,265 won and 15% per annum from March 15, 2017 to the date of full payment." The judgment of this case (hereinafter "final judgment of this case") becomes final and conclusive, and C transferred all of the claims based on the final judgment of this case to the defendant on July 5, 2017, and the defendant received all of the claims based on the provisional attachment No. 1560, Jul. 17, 2017; the defendant applied for a compulsory auction order of this case from the Seoul East East District Court 2019 to the provisional attachment No. 971,981, which was collected by the plaintiff on July 16, 201917.

According to the above facts of recognition, since the defendant's claims against the plaintiff were all extinguished on the basis of the final judgment of this case, compulsory execution based on the final judgment of this case shall be dismissed.

2. If so, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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