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(영문) 수원지방법원오산시법원 2019.01.17 2018가단2183
청구이의
Text

1. Based on the Defendant’s decision of performance recommendation on February 6, 2018 in this Court No. 2018Gauri1948 against the Plaintiff.

Reasons

The fact that the plaintiff received a deposit of five million won from Nonparty C does not have any dispute between the parties.

The plaintiff asserts that the amount of loss suffered by the non-party C's illegal business operation reaches 8,447,730 won and that there is no security deposit to be returned if it offsets it. However, the evidence submitted by the plaintiff alone is insufficient to accept it, and there is no other evidence to acknowledge it, and

Therefore, compulsory execution based on the instant performance recommendation decision may not be permitted to the extent that the compulsory execution exceeds the above five million won and the damages for delay calculated at the rate of 5% per annum from February 10, 2018 to January 17, 2019, which is the date the instant performance recommendation decision was rendered, from January 17, 2019, and 15% per annum from the following day to the date the pertinent performance recommendation decision was fully paid.

Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

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