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(영문) 서울동부지방법원 2020.07.23 2019가단162843
청구이의
Text

1. The Seoul Eastern District Court 2010Kadan69453 (Main Office), 2010Kadan69460 (Counterclaim), against the Defendants’ Plaintiff.

Reasons

The court rendered a judgment of provisional execution (hereinafter “the judgment of this case”) to the Plaintiff, who was the Defendant (Counterclaim Plaintiff) in the instant case on November 3, 2011, to pay a certain amount of money to the Plaintiff (Counterclaim Defendant) or the designated parties (Defendant B). Both parties to the instant case filed an appeal on August 13, 2012 and reduced the cited amount of the principal claim of Defendant B, C, D, E, and F, and dismissed the claim of Defendant G (the partial cancellation of the principal claim and the dismissal of the counterclaim in the first instance judgment) [the Seoul East District Court Decision 2011Na13427, 201Na13434, 201Na1341, 2011Na1341, 2015, 205Da258148, 205 decided on August 13, 2012, 205] The judgment of the appellate court of Seoul High Court (Seoul District Court Decision 2015Da527581, 206Da12525, 2065, Da2125,2585, Da2125, 3425.

According to the above facts of recognition, the judgment of the appellate court and the judgment of the court of final appeal after the adjudication became final and conclusive by the final and conclusive decision of recommending reconciliation in the deliberation of reversal and return.

Therefore, compulsory execution based on this is not allowed.

Thus, the plaintiff's claim of this case is justified and accepted, and the decision of suspension of compulsory execution as stated in the Disposition No. 2 of December 24, 2019 is authorized.

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