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(영문) 광주지방법원 2017.12.20 2017나56147
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff sought a non-permission of compulsory execution based on the original copy of the payment order stated in the purport of the claim. The court of first instance rejected the part of the claim seeking non-permission of compulsory execution based on KRW 139,026,535 among them, and rendered a ruling of non-permission of compulsory execution in excess of KRW 139,026,535.

Since only the defendant appealed against this part of the lost part, the object of this court's adjudication is limited to the part against the defendant.

2. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if the evidence submitted in the court of first instance is added to the evidence submitted in this

Therefore, this court's reasoning is consistent with the reasoning of the judgment of the first instance except for the dismissal of part of the reasoning of the judgment of the first instance as set forth in the following paragraph (3). Thus, this court's reasoning is cited in accordance with the main sentence of

3. Grounds of the judgment of the court of first instance No. 1-B for the dismissal.

The payment order stated in paragraph (1) shall be put into "payment order stated in the purport of the claim" in paragraphs 2 through 3.

The reasoning of the judgment of the court of first instance is to delete the part on the legitimacy of the part on which the non-permission of compulsory execution with respect to KRW 139,026,535 among the lawsuit of this case is sought.

The fourth sentence of the first instance judgment "4. 4." shall be applied to "3. 3."

The fourth 17th 17th 16th 17th 17th 200 of the first 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 20

Nos. 4, 19, 20, 7, and 10 of the first instance judgment are all referred to as "the "this Court" as "the Magju District Court Netcheon."

The part of the reasoning of the judgment of the first instance is deleted.

4. As a result, compulsory execution based on the payment order of this case shall be dismissed only for the part exceeding KRW 139,026,535. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition.

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