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(영문) 전주지방법원군산지원익산시법원 2019.09.26 2019가단43
청구이의
Text

1. The Defendant’s case of construction cost, etc. against the Plaintiff, the Jeonju District Court of the Republic of Korea, the Dasan District Court of the Republic of Korea, 2018Gau5168.

Reasons

1. Indication of claim;

A. The Defendant filed a lawsuit against the Plaintiff seeking construction price of KRW 1,165,00,00, etc. with the Seoul Special Metropolitan City court 2018Gau5168, the Seoul Special Metropolitan City court Do Court 2018, and the said court made a decision on performance recommendation (hereinafter “instant decision on performance recommendation”) on June 28, 2018, and the instant decision on performance recommendation was finalized on August 4, 2018.

B. After that, on September 10, 2018, the Defendant received a collection order for the seizure and collection of the claim under the Suwon District Court’s Ansan Branch No. 2018TT4952, pursuant to the instant performance recommendation decision.

C. On September 28, 2018, the Plaintiff paid KRW 1,215,00,000, which is the full amount of the construction payment payable, to the Defendant according to the instant decision on performance recommendation.

Therefore, inasmuch as there is no claim based on the Defendant’s decision on performance recommendation of this case against the Plaintiff, compulsory execution based on the instant decision on performance recommendation should be denied.

2. Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by a deemed as a foreigner);

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