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(영문) 창원지방법원김해시법원 2015.07.02 2014가단205
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Confirmation of decisions on recommendations for execution;

A. On July 7, 2014, the Defendant filed a lawsuit against the Plaintiff seeking the payment of the goods amounting to KRW 6,345,650,00 with this Court Decision 2014Da18187.

B. On July 16, 2014, the Defendant received from this Court a decision on performance recommendation to order the payment of the Plaintiff at a rate of 20% per annum from the day following the delivery of the above KRW 6,345,650 to the day of full payment (hereinafter “decision on performance recommendation of this case”).

C. The instant decision on performance recommendation was served on July 17, 2014 on the Plaintiff, and the decision was finalized on August 1, 2014 due to the Plaintiff’s failure to raise an objection.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff asserted that the Plaintiff paid KRW 3,380,000 to the Defendant on July 1, 201, KRW 5,000,000 on July 4, 2011, and KRW 3,380,000 on July 5, 201, and KRW 12,380,000 on July 5, 201, and deposited the remainder of KRW 394,450 on April 3, 2015, the Plaintiff paid the Defendant a full amount of the goods payment obligation against the Defendant.

The defendant supplied goods to C operated B by the plaintiff's introduction, and the defendant did not receive the price from the above B, and received the decision of execution recommendation of this case by filing a lawsuit with the plaintiff.

Therefore, inasmuch as the Plaintiff’s debt to the Defendant is fully repaid, compulsory execution based on the instant decision of performance recommendation should be dismissed.

B. The defendant's assertion does not know B or C claimed by the plaintiff.

While the Defendant’s claim for the purchase of goods amounting to KRW 394,450 remains, further enforcement based on the instant performance recommendation is justifiable, on July 7, 2011, by supplying KRW 1,104,700 as well as KRW 4,426,50 as of July 19, 201, KRW 220,00 as of July 26, 201, and KRW 200 as of July 30, 201, and KRW 6,345,650 as of July 30, 201.

3. Determination

(a) entry as referred to in subparagraph (1) of this paragraph and all pleadings;

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