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(영문) 대구지방법원서부지원 2019.03.07 2018가단4547
청구이의
Text

1. The decision of performance recommendation made on February 27, 2018 against the Plaintiff of the Daegu District Court in the Daegu District Court (Seoul District Court Decision 2017 Ghana37414).

Reasons

1. Facts of recognition;

A. On October 31, 2017, B Co., Ltd. (hereinafter “B”) filed a lawsuit against the Plaintiff seeking the payment of equipment fees, cost of parts, etc., and received a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) with the purport that “the Plaintiff would pay KRW 4,807,000 to B and delay damages therefor,” as the Seo-gu District Court Branch Branch of Daegu District Court Decision 2017 Ghana37414, Feb. 27, 2018.” The said decision on performance recommendation was finalized on March 21, 2018.

B. On March 22, 2018, the Plaintiff filed an objection against the instant decision on performance recommendation, but the said objection was dismissed on March 28, 2018.

C. B, on April 23, 2018, filed an application for commencing rehabilitation procedures with the Daegu District Court 2018 Gohap118, and received a decision on commencing rehabilitation procedures on June 21, 2018, and C was appointed as the manager of the said company.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 3, purport of whole pleadings

2. In the event that a final and conclusive decision on performance recommendation has become final, the grounds for the failure or invalidation, etc. occurred prior to the decision on performance recommendation with respect to the claims that served as the grounds for the relevant decision on performance recommendation may be asserted in the lawsuit of demurrer against the said decision on performance recommendation, and the burden of proof as to the grounds for the objection in the lawsuit of objection shall also be in accordance with the principle of

Therefore, in a lawsuit of demurrer against a final decision on performance recommendation where the plaintiff claims that the defendant's claim was not constituted, the defendant is liable to prove the fact of the cause of the claim, and where the plaintiff claims the fact that the claim was invalid or extinguished as a false declaration of conspiracy or due to repayment, etc., the plaintiff is liable to prove such fact.

(See Supreme Court Decision 2010Da12852 Decided June 24, 2010). In light of the foregoing legal doctrine, the health care unit and the evidence submitted by the Defendant alone are as follows.

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