logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 (춘천) 2018.04.18 2017나2033
집행문 부여의 소
Text

1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.

The plaintiff.

Reasons

1. The reasoning for this part of the judgment of the court is the same as that of "1. Facts recognized" in the judgment of the court of the first instance, except for the following changes. Thus, this part of the judgment is acceptable by the main sentence of Article 420 of the Civil Procedure Act

The third 8 parallel of the judgment of the first instance shall be amended as follows.

【On September 4, 2016 through September 13, 2017, the Defendant was served with the decision of indirect compulsory performance on August 29, 2016, and the Defendant executed 442 business affairs as a member of the D church conference by taking charge of the worship of the D church and the D church conference, and entered the D church conference 42 times in total. ② After being served with the decision of change on September 11, 2017, the Defendant changed the office affairs of the D church as a member of the D church from September 14, 2017 to April 2, 2018 by taking charge of the worship of the D church and the D church conference from September 14, 2017 to September 2, 2018 [the grounds for the lower judgment].

[Judgment of the court below] Facts without dispute, Gap evidence 1 through 6, evidence 9 through 14, evidence 18 through 24 (including paper numbers) and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff KRW 680 million as indirect compulsory performance (=68 million as indirect compulsory performance amount + (884 times x 50,000 won) as a total amount of KRW 476,00,00,000 to the obligation ordered in the decision of indirect compulsory performance on August 29, 2016 (see, e.g., Supreme Court Decision 442Da342, Sept. 11, 2017).

Therefore, in order to enforce the above indirect compulsory performance order against the defendant with respect to the above indirect compulsory performance decision, the officer in charge of Youngcheon District Court shall grant the execution clause to the plaintiff.

B. As to this, the Defendant had already withdrawn from the Plaintiff.

arrow