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(영문) 인천지방법원 부천지원 김포시법원 2021.02.24 2020가단111
청구이의
Text

1. The defendant's compulsory execution against the plaintiff 2020 Ghana 56439 is denied based on the decision of this Court's recommendation.

2. This.

Reasons

1. Fact-finding, the fact that the Defendant filed a lawsuit against the Plaintiff seeking payment of the said money on the ground that the Defendant had a claim for wages and retirement allowances of KRW 22,03,233, and the decision to recommend the implementation of the order became final and conclusive is significant in this court.

2. On the other hand, the decision of performance recommendation does not take place even if the decision of performance recommendation becomes final and conclusive, and thus, the lawsuit of objection against the decision does not apply to the restriction based on the time limit of res judicata (Article 5-8(3) of the Trial of Small Claims Act). In the lawsuit of objection against the decision of performance recommendation, the decision of performance recommendation may be deliberated and judged as to all the claims as indicated in the decision of performance recommendation. In this case, the obligee, namely, the defendant in the lawsuit of objection against the claim.

In this regard, there is no dispute between the defendant and the plaintiff on the fact that the plaintiff fully repaid the above debt out of the lawsuit.

Therefore, the original claim of the above enforcement right has become extinct by repayment.

Since the plaintiff's claim is reasonable.

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