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(영문) 특허법원 2015.11.19 2015허4828
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on this Court’s decision on the amount of litigation costs determined.

Reasons

1. Indication of claim;

A. On June 26, 2013, the Defendant held against the Plaintiff the claim amounting to KRW 6,211,058 based on the final determination of the amount of litigation costs 2013Kaba788 on June 26, 2013.

B. On March 25, 2015, the Defendant issued a collection order with the Seoul Central District Court 2015TTT 6568, and collected KRW 3,332,857 from the bank, which is the garnishee, and reported the collection.

C. On April 27, 2015, the Plaintiff received a transfer of the amount equivalent to KRW 3,500,000 out of the above bonds from D, which had a claim for reimbursement of expenses equivalent to KRW 29,658,500 against the Defendant (Seoul Western District Court Cmaking a final decision on the execution expenses). D notified the Defendant of the assignment of claims on the same day, and at that time, the notification of the assignment of claims reached the Defendant.

On April 27, 2015, the Plaintiff is above C.

A. The claims transferred as mentioned in paragraph (1) (hereinafter referred to as "Automatic claims") and the defendant's claims against the plaintiff.

(b) the claims pursuant to the decision mentioned in paragraph (1).

A declaration of intent to set off a claim equivalent to KRW 3,100,000 (hereinafter referred to as "passing claim") other than the amount of debt collection under paragraph, and at that time, the declaration of intent of set-off has reached the defendant.

E. Accordingly, the above D.

Pursuant to the set-off of this Court, since all claims based on the decision of the amount of litigation costs determined on June 26, 2013 2013Kaba788 of this Court have been extinguished, compulsory execution accordingly should be denied.

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

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